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A Landmark Legal Victory
In what is seen as a landmark ruling, the High Court in Pretoria recently declared the woman a permanent resident, nearly six years after she first applied to the DHA for permanent residency back in September 2019.
Jaco Brits, Head of Immigration at Xpatweb who handled the application and acted on behalf of the applicant, says DHA not only refused her initial application, but also dismissed her subsequent appeal application, dated October 2022, and failed to process her Retired Person’s Visa renewal submitted in February 2023. This renewal was crucial to maintain her legal stay in South Africa while awaiting a decision on her permanent residency and was, in fact, a prerequisite for the PR application to proceed.
“After years of unjustified delays, refusals, bureaucratic dead ends and frustration, the applicant has now been vindicated on all fronts,” says Brits.
Court Orders Immediate Action
In its ruling, the Court ordered the Minister of Home Affairs and Director-General (DG) to issue both a Retired Person’s Visa and a Permanent Residence Permit “forthwith”. This brings finality to the woman after years of uncertainty.
Significantly, Brits notes that this is a rare outcome. “In most cases, courts direct the Department to make a decision within a specified timeframe. It does not happen often that the court itself declares an individual a permanent resident.”
In addition, the Court made strong provisions to protect the applicant’s rights in the interim. She may enter, reside and work in, and exit South Africa freely. The Department is prohibited from taking any action that could result in her arrest, detention, deportation, or her being declared undesirable. She may not be sent back to the UK or any other country.
The Minister and DG were ordered to pay the costs of the application, including the costs of Counsel.
Litigation Increasingly the Only Way Forward to Resolve Unduly Long Delays
Brits says the order is indeed a welcome relief, especially as many applicants are left in limbo due to government administrative inaction or when excessive delays impede visa progress that can cause significant disruptions to personal and business affairs.
The recent drive to expedite visa processing appears to have introduced new challenges, including an increase in the rejection of applications and a surge in consequent appeals.
It is clear litigation has become a necessary legal route for applicants facing unreasonable delays in visa or permanent residence adjudication flowing from the historic backlog inherited from the previous administration.
Expert Legal Strategy Can Make the Difference
Individuals who are subject to unduly long delays, should consider expert legal guidance on a formal and structured pathway to resolve these issues promptly, protecting their legal rights and ensuring timely decision-making.
“Our legal professionals are best placed to develop a personalised legal strategy that ensures the Department focuses on a single applicant’s case or family unit. This targeted approach leads to quicker adjudication and increased chances of success,” Brits explains.
