22 Feb The Steps to take Legal Action against DHA Decision
Foreign applicants generally find it frustrating to wait long periods of time to receive outcomes for temporary or permanent residency applications. This is especially so as not having an outcome can affect home loan applications, travel and banking facilities.
Every day we receive phone calls from foreigners in South Africa and abroad, who are frustrated by unwarranted delays and unresolved appeals. We can offer legal support to those concerned applicants who feel helpless while waiting for a decision.
To shorten these delays, we obtain court orders from the High Court to force the Department of Home Affairs to make a decision. In a majority of our cases, a successful court order and the subsequent outcome will be received.
As the court work is based on application proceedings, the procedure is non-invasive and practical because the applicant is not obliged to appear in court or provide oral testimony.
These are the following steps to take legal action against a DHA decision:
1. Have a pending application
2. Hire a June Luna Attorneys to draft an affidavit outlining the facts of the case
3. Have the papers commissioned
4. Receive a case number and court date
5. Have the papers served on DHA
6. Lawyers begin to discuss matters with home affairs and try to get an outcome before court
7. If no decision is made before the court date, an advocate will appear in court and request a court order compelling the DHA to make a decision within a certain period of time
8. The attorney will serve the court order and compel DHA to follow it
9. The outcome is then received by the client and sent back to the office of application
Working with and sometimes against the Department of Home Affairs is our bread and butter. With nearly a decade of experience, June has a thorough understanding of the inner workings pertaining to the process of acquiring a visa or permit. As a law firm, June Luna Attorneys has the ability and resources to assist clients and make sure their outcomes are received – even if litigation is needed.
To learn more about the steps to take legal action against the Department of Home Affairs, contact our immigration lawyer and her team of immigration experts today.