STEFANIE DE SAUDE DARBANDI: There is a palpable change at home affairs department

Something appears to have shifted within the department of home affairs, sparking a glimmer of hope for visa applicants and practitioners alike.

In recent months there has been a noticeable increase in the speed at which applications are being processed. While it is too early to determine the exact cause, it is worth noting that this acceleration coincides with ongoing court cases challenging the department’s handling of immigration matters.

Whether these changes are a direct response to legal pressure remains speculative, but the progress and outcomes we’re witnessing are undeniable. This is a significant step forward, signalling a potential turnaround in the backlog that has plagued the immigration system since the reopening after the Covid lockdowns. Could this be the beginning of the end for the backlog? We cautiously hope so.

It’s essential to acknowledge that a number of cases are still proceeding into contempt, highlighting ongoing challenges within the system. Despite this, there is a palpable sense of improvement overall. Notably, we’ve received assurances from high-level officials that mechanisms are now in place to address the backlog.

This affirmation from top-level authorities provides a glimmer of hope and lends credence to the notion that substantive changes are under way within the department. It’s encouraging to see concrete steps being taken to tackle the backlog head-on, signalling a commitment to resolving long-standing issues and improving the efficiency and effectiveness of the immigration system.

Frustration

However, amid this progress it’s still important to acknowledge the persistent shortcomings within the department. Wrongful rejections continue to occur, causing frustration and disappointment for applicants and their families. The lack of properly trained officials and their unfamiliarity with immigration laws and constitutional duties only worsens the problem.

It’s imperative for the department to prioritise the appointment of knowledgeable and accountable officials who understand the gravity of their roles. Responsiveness and transparency must become the norm, replacing the culture of rudeness and unhelpfulness. Applicants deserve better, and the impact of wrongful rejections on their lives cannot be overstated.

The long-awaited creation of the Immigration Advisory Board, as mandated by law, remains pending. Establishing this board would provide essential guidance and oversight, ensuring that immigration policies and practices align with legal requirements and humanitarian principles.

While there’s a glimmer of hope with recent improvements, there’s still much work to be done. The department must continue moving in the right direction, addressing systemic issues and striving for excellence in its operations. This includes not only processing visas and permits more efficiently but also making fairer and more informed decisions.

We earnestly hope for the continuation of this positive momentum now that the elections are over. Our aspiration extends beyond continuity; we envision an upward trajectory where the immigration process becomes not just expedited, but welcoming and inclusive.

The goal is clear: visa and permit applications should be processed promptly, ideally within two to three months for visas and eight months for permanent residency and citizenship applications. However, mere efficiency is not enough; applications must also be met with open arms, processed fairly, and approved without bias. It’s time for the department of home affairs to shift its approach, transforming from an entity that seemingly begrudges foreigners to one that embraces them as valuable contributors to SA’s tapestry.

We need to revive the spirit of making SA great again, not through exclusion or hostility but through inclusivity and kindness. International examples abound where countries have reaped the benefits of welcoming policies towards immigrants, enriching their societies culturally, economically and socially. SA has the potential to be a beacon of hospitality and progress, but this requires a fundamental shift in attitude and approach.

As we advocate for change, let’s draw inspiration from successful immigration policies worldwide, where immigrants are not seen as burdens but as assets to be cherished. Let’s pave the way for an SA that not only processes visas and permits efficiently but also extends a warm embrace to those who seek to make it their home.

Looking ahead, uncertainty remains over the fate of the blanket waiver, set to expire at the end of June. We urge the department to extend the waiver and ensure its coverage is comprehensive, encompassing all individuals with pending visa/waiver applications or appeals, without discrimination.

Recent developments offer a ray of hope, yet the journey towards a more efficient, fair and compassionate immigration system in SA is far from over. It’s a journey that requires continued vigilance, advocacy and collaboration between stakeholders.

As we navigate these challenges let us remain steadfast in our commitment to justice, equality and the fundamental rights of all.

• De Saude Darbandi is immigration law specialist at DSD Immigration Attorneys.