On 26 September 2022, IBN Immigration Solutions began the first steps to take the South African Department of Home Affairs to court over the delay in Permanent Residence Permit application adjudication.

The DHA has a legal obligation to process PR applications within 8 months and their failure to do so is unlawful and reviewable by a competent court which may compel them to take decisions where they can’t prove that they have delayed for valid reasons. These delays on adjudication can be pinpointed to the massive visa backlog South Africa currently has.

Our Previous Court Order

We had 25 clients participate, and following our court date on 30 November 2022, our order was granted. The DHA was given until 8 February 2023 “to make such determination and deliver the Permanent Residence Permits or supply adequate written reasons for refusal”.

Our Success

As of date of publishing this article, we have been successful in our lawsuit, with only 7 applications outstanding, meaning 18 have received adjudication; adjudication which would not have occurred without the lawsuit’s pressure.

The favourable outcome of the lawsuit signifies a significant step towards justice and accountability within the immigration landscape and has showed us that this pressure is effective.

Our Next Lawsuit

Following this, we are preparing to launch another lawsuit against the South African Department of Home Affairs. This lawsuit will again be aimed at the delay in Permanent Residence Permit application adjudication.

Details for Participating

The cost for participation is R10 000, and your Permanent Residence Permit application must have been submitted in the last 12 months.

If you are interested in joining the lawsuit, and finally receiving your Permanent Residence Permit adjudication, you can contact your IBN Immigration Solutions consultant for more details.

IBN Immigration Solutions always puts its clients first and cares about delivering excellence in our service and will always fight for results.