17 Dec DHA Makes Concessions for Appeal and Review Applications

Recently, many applicants trying to book appointments at VFS Global have experienced difficulties when applying for appeals and reviews. VFS Global doesn’t have enough available dates on their booking system, so applicants can’t submit their applications for appeal or review within the required time frame – 10 days.

According to Section 8 of the Immigration Act 2002, before the Department of Home Affairs makes a decision that adversely affects a person (such as declaring them undesirable or rejecting a visa application), it must provide the person with at least 10 days’ notice and their decision’s motivation, subject to the appeals process.

If they appeal and no one responds to them within 10 working days, the Department’s decision is considered final. Considering the lack of availability of slots at VFS, this is not fair for people who were unfairly declared desirable.

The Adverse Decision’s Appeal Process

If someone is unhappy with the Department’s decision, they can appeal within 10 days of receiving it. First, they must appeal to the Director General. If the Director-General doesn’t reverse, respond to, or change the decision within 10 days, the original decision is final.

If the Director-General modifies or confirms the decision, the person may appeal to the Minister of Home Affairs within 10 days of that decision. The Minister then has 10 days to reverse or modify the decision. If the Minister does not respond in time, the decision is confirmed and is final.

If a decision isn’t appealed within 10 days of being received, it becomes final.

Exceptional Cases

If someone is deported because of the decision, the Minister may extend the deadline and can request that the person put up a bond to cover deportation costs.

Home Affairs’ Concession

Click the underlined link to read the concession.

Now that the concession’s context has been established, it’s time to discuss the Department of Home Affairs’ new VFS Global concession and what it means for appeals and reviews.

L.T. Makhode, the Director-General of the Department of Home Affairs released an immigration directive outlining how VFS and the Department could move forward with the backlog of appeals and reviews.

To take advantage of this, applicants must make an appointment on VFS’ online booking system. The appointment must be at the earliest possible date. This way, applications for appeals and reviews will be scheduled within 10 working days, but the appointment to submit at VFS can be past the 10 day deadline.

This is a temporary concession. It will only last until the 31st of March 2025.

What the Concession Means for You

If your application is denied, you can book an appointment on the VFS’ website. After you book your appointment online, you have to go to your appointment at VFS Global and submit your appeal application on the date you booked. The Department of Home Affairs will then look at the application and decide whether the appeal should be approved.

If you have any questions about the visa application, appeal, or review process, contact June Luna Immigration Attorneys. We would love to be of assistance.