# So I went to court against Home Affairs.



## Risamim (Jan 18, 2016)

So I initially entered South Africa on a Study Permit to study at UCT. The permit was valid for 2 years and expired in Feb 2015. I applied for a change of status to get a life partner visa valid for 3 years. Home Affairs rejected the application, claiming I was missing bank statements. This was a mistake of fact so my attorney appealed the decision. This appeal was pending for a full year and I waited fairly patiently to hear back from DHA. I was going to meet with my attorney to have them draft a letter of demand. That day my mother became critically ill. I spoke with my attorney and she advised me that I could either petition the court as a matter of urgency to order DHA not to declare me undesirable for leaving the republic with an expired visa. I could also leave. and get the undesirability ban lifted. Because there was no guarantee that the ban would be lifted or when that might happen, I opted to go to the court to request an urgent order to be allowed to leave the country without prejudice (i.e being declared undesirable). Ultimately the court did not rule in my favor on the urgent motion, but the second part of the application, to force DHA to review the file within so many days, remained pending. As I was leaving the courtroom, the Home Affairs officials came to me to show me my visa had been approved and was being sent by courier.

So basically, I wasn't able to get a judgement against DHA but I was able to get my visa and will be going home shortly to see my mother.


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## LegalMan (Dec 26, 2012)

Risamim said:


> So I initially entered South Africa on a Study Permit to study at UCT. The permit was valid for 2 years and expired in Feb 2015. I applied for a change of status to get a life partner visa valid for 3 years. Home Affairs rejected the application, claiming I was missing bank statements. This was a mistake of fact so my attorney appealed the decision. This appeal was pending for a full year and I waited fairly patiently to hear back from DHA. I was going to meet with my attorney to have them draft a letter of demand. That day my mother became critically ill. I spoke with my attorney and she advised me that I could either petition the court as a matter of urgency to order DHA not to declare me undesirable for leaving the republic with an expired visa. I could also leave. and get the undesirability ban lifted. Because there was no guarantee that the ban would be lifted or when that might happen, I opted to go to the court to request an urgent order to be allowed to leave the country without prejudice (i.e being declared undesirable). Ultimately the court did not rule in my favor on the urgent motion, but the second part of the application, to force DHA to review the file within so many days, remained pending. As I was leaving the courtroom, the Home Affairs officials came to me to show me my visa had been approved and was being sent by courier.
> 
> So basically, I wasn't able to get a judgement against DHA but I was able to get my visa and will be going home shortly to see my mother.


Well done! We see this often - the DHA capitulates only when you make a big fuss. Usually the demand letter does the trick.


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