Immigration Litigation
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Challenging a Visa Refusal in the High Court
Our client, a foreign national employed in a specialised technical field, received a refusal of their critical skills visa application from the Department of Home Affairs. The refusal was issued without adequate written reasons, leaving our client uncertain as to the basis of the decision and at risk of losing their employment and right to remain in South Africa. Kaibe and Associates Attorneys was urgently instructed to intervene.
We immediately assessed the grounds for judicial review, identified procedural unfairness in the decision-making process, and launched High Court proceedings. An urgent interdict was obtained to prevent any deportation steps while the review was pending. Following a comprehensive review application, the refusal was set aside and the matter remitted to the Department for a fresh, lawful decision. Our client's position was fully secured.
Challenges
- Visa refusal issued without adequate written reasons
- Client's right to remain in South Africa was at imminent risk
- Tight statutory timeframes for launching judicial review proceedings
- Departmental record of decision was incomplete and required compulsion
- Risk of deportation pending the outcome of the review
Outcomes
- Urgent interdict obtained halting any deportation proceedings
- Review application filed in the High Court within the required timeframe
- Department ordered to provide the full record of the refusal decision
- Refusal set aside on grounds of procedural unfairness
- Application remitted for fresh consideration — client's status secured