Apart from thousands of international tourists passing through the borders of South Africa each year to explore the beauty and biodiversity of our pristine nation and what South Africa has on offer, thousands more enter South Africa in the hopes of creating a new life within the borders of the Republic.
Annually, the Department of Home Affairs receive a vast amount of visa or permit applications specifically for foreign nationals who apply, amongst others, for: (i) Temporary or Permanent residence permits; (ii) Study permits; (iii) Work permits; (iv) Relative’s or Spousal permits; (v) Retired person’s permits; (vi) Corporate or Business permits; (vii) Asylum permits as well as a variety of other permits not listed herein. Each of the above visa or permit applications have stringent requirements regulated by the Immigration Act 13 of 2002, as amended. Due to the administrative complexity and unique consideration of each application coupled together with being understaffed and overburdened, the Department of Home Affairs often reject visa or permit applications or completely fail to provide an outcome to applicants at all. This does not only apply to first time applicants but also to applicants who have in the past already acquired a valid permit or visa and merely seek to renew their documents. Applicants with existing permits need to periodically renew their permits as per the requirements and conditions prescribed to them to ensure they maintain valid legal status in South Africa. Unfortunately, these applicants could also face similar dilemmas wherein their renewals are either rejected or not provided at all. To further frustrate the state of affairs, severe backlogs in rendering outcomes or the total failure to provide any often result in applicants stuck in South Africa without valid legal status.
Fortunately, Mc Menamin, van Huyssteen and Botes Attorneys are specialists in the field of Immigration Law and assist hundreds of clients each year to not only properly prepare, compile and submit visa or permit applications, but also to approach the High Court of South Africa when their applications are still pending for an unreasonable delay or when such applications have been unjustly rejected without proper consideration of the facts. Furthermore, our firm works closely with various certified and registered Immigration Practitioners across the country and we have also established a good working relationship with the Department of Home Affairs. Should we not receive any joy from the Department, our firm can assist you as the applicant in this process, by either launching, amongst others, a High Court mandatory interdict (Mandamus) Application (which is sought to force the Department to process your immigration application and render a decision) OR an Administrative Review Application (which is brought after internal appeals fail and which seeks to remit and reconsider an administrative decision taken by the decision maker, such as the Minister him/herself to seek the necessary relief you are entitled to, often sought with legal costs.
After the initial consultation with our Immigration Attorneys, your case (or application) will be carefully considered in order to provide you with the best possible legal advice on the prospects of success as each case can be completely unique from another. Should we deem it necessary and upon your instruction to proceed to Court to launch a Mandamus or Review application, you will be thoroughly briefed and informed in person and through our written Mandate on what the procedure entails on a step-by-step basis and what the associated (estimated) legal costs could incur. Once again, each case is heavily independent from another and requires a unique approach to obtain the best possible outcome for you.
The entire process can be very complex, labour intensive and time consuming and since we at MVB Attorneys have worked hard to maintain a strong reputation as a field leader in Immigration Law, we implore you to seek proper legal assistance before submitting any permit or visa application or to blindly following ill-advice.
Contact us today at mvh@mweb.co.za or (012) 344 05-25 to arrange a consultation with one of our experts.
Mc MENAMIN, VAN HUYSSTEEN & BOTES ATTORNEYS INC.
ANTON DU PREEZ
litigation@mvh.co.za