Home affairs’ rejection of foreigners’ applications costs millions in litigation
Supreme Court of Appeal recently threw out the department’s defence of its actions, describing them as ‘unconscionable ... deliberately obstructive and dilatory’
Delays and wrongful rejections by certain officials in SA’s home affairs department are resulting in unnecessary court cases that waste resources and cost the country millions. As specialists in helping foreign clients to secure the necessary visas and permits to live and work in SA, De Saude Attorneys has seen more than its fair share of court appearances. Frustratingly, most of these should not be necessary at all. Most court cases stem from the wrongful refusal of applications or delays in processing applications, which can push back outcomes for years. Appeals against wrongful refusal can take years more to process, leaving applicants without status in the interim and driving them to court. These lawsuits are costly for everyone concerned since home affairs must allocate its already stretched resources to go to court. The cost per case can run into hundreds of thousands of rand, and with home affairs defending a reported average of 50 cases per week, the total costs to the state...
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