APPEAL AGAINST REJECTION OF AN APPLICATION

What is it?

If an application for a visa or permanent residence permit is erroneously rejected, applicants can make an application to the Director-General of Home Affairs for the review or appeal of that decision.
In the event that the Director-General decides to uphold the decision in the first instance, a second-instance appeal can be made to the Minister of Home Affairs.

Requirements

  • The decision adversely affecting the applicant must be based on a legal error, such as incorrect application of the legislation, inadequate assessment of the facts or non-compliance with procedural requirements.
  • The appeal must be lodged within 10 working days of receiving the notice of rejection.

Good to know

  • The original decision remains valid until the appeal is decided.
  • The outcome of the appeal can either confirm, reverse or modify the original decision.

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