21 Aug Backlogs at the DHA and How Litigating is the One Way to Force your Visa Application out of the Deadlocked System
While the government takes its time fixing the issues – skilled employees, retirees and business owners are in a bureaucratic limbo waiting for their visas to be finalized. This has a direct effect on companies brining in vital talent and money being spent in the Republic.
Late last year, the Department of Home Affairs (DHA) reported that it was having difficulty handling a backlog of over 60,000 visa applications. The department stated that the earliest it would expect to eliminate the backlog is by the middle of 2024. By acknowledging this, the DHA did offer some relief for applicants who had made an application for a visa from within the Republic before Mach 2023.
As a way to expedite applications, we obtain court orders from the High Court to force DHA to adhere to a timeline for finalizing an application that has been pending an unreasonable amount of time. The court process is non-intrusive and practical because the applicant is not required to present in court or give oral evidence because it is based on application proceedings.
One advantage of litigation is that everything is conducted in a formal manner and all proceedings are done on the basis of affidavits. Because of this, the entire procedure—from signing court documents to receiving a court order—is open and transparent. Every action is recorded in official documents, and the responses are also recorded. By doing this, your situation will be transparent, and in contrast to calling the Department of Home Affairs helpline, you will receive explicit responses and be given dates. Home Affairs is obligated by court order to make a determination and deliver the outcome of your application. If they don’t, the Department may be found in contempt of court, which requires a representative to come before a judge and justify why the court order hasn’t been followed.
With the goal of accelerating outcomes, June Luna has been litigating against the Department of Home Affairs in court for almost a decade. June Luna Attorneys has expertise in litigating against the Department and are experts in the immigration attorney space of South Africa.
Please don’t hesitate to get in touch with June Luna Immigration Attorneys if you would like to expedite your pending application for temporary or permanent residency.