Immigration Delays Lead to Increase in Legal Actions

The Department of Home Affairs has long been plagued by a well-documented backlog in processing visa and permanent residence applications. This issue, persistent for years, has created a new trend where applicants are turning to litigation to expedite their cases. The delays have become so significant that many individuals are now using the Promotion of Administrative Justice Act (PAJA) to challenge the slow adjudication process.

PAJA provides a legal avenue for individuals to seek recourse against administrative delays and decisions. This has become a common approach for visa and permanent residence applicants whose cases have been pending for more than 12 months. By litigating, applicants can obtain court orders that compel the Department of Home Affairs to finalize their applications within a set timeframe, typically between 30 and 60 days.

While litigation offers a solution for those able to pursue it, it also has unintended consequences. Court orders obtained through litigation push those applicants to the top of the backlog, effectively moving them ahead of others who have not taken legal action. This means that applicants who do not litigate may find their cases further delayed, exacerbating the overall backlog problem.

The surge in litigation highlights the broader issues within the Department of Home Affairs and the need for systemic improvements. As more applicants turn to the courts to resolve their delays, it underscores the necessity for a more efficient and transparent processing system to ensure fairness and timeliness for all applicants. New Home Affairs Minister Dr. Leon Shreiber as already acknowledged these particular issues and says he intends to address them urgently. Time will tell if his intentions come to fruition.

 For applicants with pending cases, exploring legal options may be a practical step. Consulting with experts who understand the intricacies of PAJA and immigration law can provide valuable insights and potential pathways to resolution.

Bruss & Co Immigration have facilitated numerous cases of this nature with an 100% success rate in helping applicants use PAJA to address delays. Our legal expertise and thorough understanding of immigration processes have made us a key player in this growing trend of litigation against Home Affairs.      

Call Bruss & Co Immigration now for your free consultation and take the first step toward resolving your immigration application delays. +27713031375 olwen@brussandco.co.za