Appeals

WHEN CAN SOMEONE SUBMIT AN APPEAL?

An appeal can be submitted against any negative decision received from the Department of Home Affairs where such decision materially and adversely affects the rights of the individual.

 

WHAT ARE THE DIFFERENT TYPES OF APPEALS THAT CAN BE SUBMITTED?

There are two main types of appeals that may be submitted:

• One that is directed to the Director-General of Home Affairs. This appeal is submitted after receiving an initial rejection of an application.

• One directed to the Minister of Home Affairs. This appeal can be submitted if a negative decision is received on the first appeal submitted.

 

WHAT SHOULD BE CONSIDERED BEFORE SUBMITTING AN APPEAL?

Whenever an application is rejected, written reasons must be provided to the applicant informing them of the reasons for the rejection. If the reason for the rejection is unfounded or baseless, the applicant would be strongly advised to lodge an appeal.

There have been many questionable decisions handed down by the Department, and obviously the more unfounded the decision is, the stronger the case for an ultimate appeal would be.