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  • Sue-Allan Mehl

Appeals - when may I oppose a wrongful decision by Home Affairs?


When a visa application is rejected by the Department of Home Affairs, the applicant may submit a Notice of Appeal if he or she feels they have been negatively affected by this decision.


As the application was formally rejected on the system, the applicant may submit a formal appeal by means of a Form 49 with supporting documents at the same office where the initial visa application was lodged. An appeal must be submitted within 10 working days from date of receipt of the rejection.


First appeal process:


If it is the first appeal that the applicant is lodging, the documentation or cover must be addressed to the Director-General of Home Affairs in terms of Section 8(4) of the Immigration Act, as amended. Upon receipt, the Director-General shall consider whether the decision will be upheld, reversed or modified.


If the Director-General decides to uphold the rejection, the applicant will be duly notified in writing.


Second appeal process:


The applicant may, for good cause, submit a second appeal upon receipt of the Director-General's written decision in terms of Section 8(6) of the Immigration Act, as amended. This appeal, however, must be addressed to the Minister of Home Affairs and the application must be lodged within 10 working days of receipt of the Director-General's rejection.


It is very important to note, though, that an appeal can only be lodged if the applicant was wrongfully rejected. An appeal cannot be submitted if an applicant provided the wrong documentation to the Department or needs to add documentation to the visa application. For the latter, we recommend that a new visa application be lodged with the authorities after the 10 working days have lapsed.


Lastly, we wish to advise that all appeals, whether it is submitted at a South African mission abroad or within South Africa, may only be adjudicated by the Home Affairs Head Office in Pretoria.


For more information about the appeal process, reach out to us via our Contact Form on www.movingsouthimmigration.com. Alternatively, we may be contacted on +2773 5357 534 or sue@movingsouthimmigration.com

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