If the Department, through the Minister, has made its final decision to refuse a visa or permanent residence permit application in terms of the appeals mechanism, the foreign applicant is left with the final option to litigate and seek to challenge the decision of the Minister.

Such challenge is launched in the High Court to review and set aside the decision based on specific grounds in terms of the Promotion of Administration of Justice Act 3 of 2000 (“PAJA”).

PAJA forms the basis of the challenge and Smiedt & Associates would attempt to set aside the decision based on grounds such as:

• The decision was arbitrary, male fides, capricious, irrational;
• The decision was based on an error of law;
• Irrelevant consideration were incorrectly relied upon in arriving at the decision.

We would assert that the Minister failed to apply his mind to the facts and or the law to arrive at an objective and legally sound decision.