News Articles

The SA High Court handed down an interesting judgement! On Rejected Applications

Source: SAMI, 23/03/2020

Before the new judgement, there was no need for explanation regards
to rejections of visa cases, but due to the new law if there is no
reasonable cause for rejection, you are able to take them directly to
court without going through the whole procedure in terms of the
immigration act.
The Law change summarized below:
• Stated reasons for rejection must be intelligible and
informative and provide an explanation for why the decision-maker
arrived at the decision. The explanation must be given in a way that
will allow the applicant to determine whether the decision was based
on an incorrect factual premise or an error of law.
• Merely setting out the conclusion to which the decision-maker
came is not sufficient. The decision-maker must set out his
understanding of the relevant law, the findings of fact on which his
conclusions are based and the reasoning process which led to them, in
clear and unambiguous language.
• Where the decision-maker does not furnish any reasons at all,
or the reasons furnished are not adequate within the meaning set out
above, the decision is not one ‘contemplated’ in terms of the Act and
is consequently not a decision in respect of which the affected
person is obliged to exercise his/her internal remedies of review or
appeal before proceeding to Court for review in terms of the
Promotion of Administrative Justice Act 3.
• Essentially, if DHA does not give proper reasons in a
rejection, you can take them to court directly without having to go
through the appeal procedure in terms of sections and of the
Immigration Act.


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