CAN DISPUTES WITH HOME AFFAIRS BE TAKEN DIRECTLY TO COURT?
In the eventuality of an application being rejected by Home Affairs, clients often wish to take the matter directly to court in order to review the decision. Unfortunately, the court will not entertain any such application unless the applicant has exhausted all internal remedies available in terms of the Immigration Act.
Therefore, an individual whose application has been rejected would first have to lodge internal appeals/reviews to the Department. It is only once all the internal remedies have been utilized, that an applicant may then take the matter to court.
The Department of Home Affairs is an organ of state, and therefore all litigation regarding the Department needs to be lodged at the High Court. Such court processes are costly and time consuming. It is always advisable to attempt to have any matter resolved without the need of litigation.