Circumstances  

The Department is quick to refuse applications, and in many instances, there are more refusals than approvals, which means that either the applications are substantively weak or the Department gets it wrong.

We are of the view the latter scenario is applicable as the Department tends to adjudicate negatively and not positively. No applicant wishes to collect a refusal when the application should have been approved.

Refusals lead to unwanted stress, delays, inconvenience, resources, inability to start working or commencing business.

Our Proposal

Smiedt & Associates will call to assess the refusal letter and study the basis and reasons for the refusal as well as the paperwork submitted to determine its substantive completeness in terms of the Act and the 2014 Regulations.

We are well equipped to make an assessment of the decision by the Department and advise you of the refusal and where the Department has failed either in the correct assessment of the law or the facts or both.

At times, there may be a need to supplement the papers before submitting an appeal to the refusal as the Department tends to allow appeals to revise the original visa or permanent residence applications where they may have been a deficiency.

After taking steps to prepare the best possible appeal and supporting documentation we will then construct a well drafted appeal giving the Department little scope to refuse such appeal. Normally, appeals are submitted in person in South Africa within ten days of receipt of the refusal. Note, that the ten days are ‘working days’ so it does not include work days or weekends or holidays in the calculation of the ten days.

We would point out that the appeals mechanism within the Department allows for two appeals to be made: the first, to be made against the Director-General of Home Affairs; and second, if unsuccessful, then to appeal to the Minister of Home Affairs.

If you are abroad, you will need to confirm with the South Africa Mission whether they will permit an electronic appeal or whether they want appeals to be submitted in person at the Mission. Appeals from abroad are ultimately sent on to the Department’s Head Office in Pretoria.

Delays are inevitable in this appeals process and for that reason it may be prudent to consider our litigation service to expedite pending appeals after thirty days after submission.