Wednesday 18 January 2012

Class Action Success: Temporary Residency

Court Action against Home Affairs

An indirect success for our industry and clients has been a Cape High Court judgment of late November, in which the judge accused the Department of “administrative bungling” and has given it 30 working days to finalise about 100 applications submitted to it as far back as February 2010. In the proceedings Home Affairs brought a host of tactics to its defence: it claimed that the applications had actually already been processed, kept submitting incorrect and incomplete lists, added that internal investigations had delayed the processing, and so on. The explanations were rejected by the judge who said the constitution placed an obligation on public administration to adhere to a high standard of professional ethics.
“Despite the (department’s) protestations to the contrary, the inescapable inference is that, irrespective of whether they have the best will in the world, they have dealt with the applications of the applicants’ various clients in a manner which can only be described as ‘administrative bungling’.”
One can only hope that Home Affairs will take this judgment as a warning and put additional focus on its performance regarding the processing of temporary residence applications.

http://www.imcosa.co.za/en/news/160-year-end-immigration-update.html

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