22 Feb What is Litigation and its Advantages

In law, litigation refers to measures taken to defend a legal claim. In the context of immigration law, this may mean compelling home affairs, via a court order, to make a decision on your pending temporary or permanent residency application.

What is the process of litigation on my pending application?

When you have an application which is pending with the Department, you may have the recourse of taking the Department of Home Affairs to court if you have not received an answer in what is considered a ‘reasonable’ amount of time – which is about two months for temporary residency and a year for permanent residency. 

Your lawyers will draft an affidavit (a summary of facts) explaining to the judge the particular circumstances surrounding your case. From there, your attorneys will assist you in having the affidavit commissioned.

Once commissioned, there is not much else that you need to do. Your attorneys will take care of the rest – from getting a case number to having your matter heard in court and an order received by a judge. 

What are the benefits of litigation? 

One of the benefits of litigating is that everything is done formally and most of the process is on paper. As a result, the entire process, from signing your court papers to getting a court order is transparent. Every procedure is documented in official paperwork – and these answers are documented. This will provide transparency to your situation and unlike calling the Department of Home Affairs helpline, you will get clear answers and have clear timelines.

With a court order, home affairs are required to issue a decision on your application. If they do not do so, the Department can be held in contempt of court – meaning that an official will need to appear in front of a judge and explain why the court order has not been complied with.  

Why June Luna Immigration Attorneys?

June Luna Immigration Attorneys has been litigating against the Department of Home Affairs for almost a decade – and we have handled nearly a thousand court cases to expedite outcomes. As specialists in our field, we are able to handle applications against the Department of Home Affairs with precision and certainty.  

If you would like any assistance or further advice – do not hesitate to contact June Luna Immigration Attorneys.