03 Nov Legal Options When Your Citizenship Application Is Denied
Did your application for South African citizenship get rejected? It takes a very long time to apply for and receive a South African citizenship application, and rejection may be disheartening. But you do have other legal rights and other avenues you can pursue. Are you still navigating the system? When it comes to getting South African citizenship, our beginner’s guide can help you prepare.
The refusal is not the end of your case, and you can utilise these steps to find out why the refusal occurred:
What you will receive if your application is denied
The Department of Home Affairs (DHA) will provide written reasons as to why your application for citizenship was declined. It is in your best interest that you understand the specific reason why your application was declined, such as missing documents or failure to meet residence requirements, before going any further.
Apply for Review in Court
In case your application was unsuccessful, or procedural unfairness or unreasonably long delay has occurred, you can apply for judicial review in the High Court under the Promotion of Administrative Justice Act (PAJA). This would need to be done within six (6) months of receiving your rejection.
Seek the Services of an Immigration or Citizenship Lawyer
Because the law of citizenship is complex and administrative decisions can be technical, it is recommended that you have a specialist immigration lawyer assist you. June Luna Immigration Attorneys can help you identify the most appropriate alternative route, strengthen your application, and deal with appeals or judicial review. We understand common challenges in the South African Immigration system and are here to help.
Reapply with Proper or New Information
Sometimes, it might be easier and more cost-effective to reapply for South African citizenship once the issue that led to your rejection is rectified. However, if you choose to resubmit a citizenship application, you must wait a period of twelve (12) months before reapplication. This is particularly where refusal resulted due to a lack of required documents or not meeting residency qualification requirements. Once you receive the refusal, go through the written decision that you will have received from the Department of Home Affairs (DHA), and this should outline the reasons for your rejection.
June Luna Immigration Attorneys can help find pertinent case precedents and strategies. CONTACT US and our team will assist with tailored advice or legal representation! We handle complex appeals and guide you forward with confidence.