The Department of Home Affairs (“the Department”) fulfils an essential role in monitoring our borders and safeguarding national security, but there must be a balance maintained between protection and enforcement of the Immigration Act 13 of 2002, as amended (“the Act”) and the rights of foreigners who wish to enter, remain in and depart South Africa.

The Department is obliged to ensure that the manner in which it makes decisions, or in the case of a failure to decide, that affects the rights of foreign persons in South Africa are protected and guaranteed to be lawful, reasonable and procedurally fair.

Where you feel that your rights have been infringed or violated, whether it relates to a decision on a visa or permanent residence taking too long, or you feel that the decision is unsound and unfair then you have the right to challenge that and correct the position and uphold your rights.

At Smiedt & Associates we recognize the need to act against the Department where any rights have been infringed, and we are there to support your immigration process where you find yourself frustrated by the Department’s conduct or lack of decision-making.

At Smiedt & Associates we have over the years perfected the skills of immigration litigation where the Department has not acted in a manner expected.

The most common areas of immigration litigation that we are often called upon to intervene are the following areas: