By its own admission, the department loses most of its court cases – the costs of which are borne by the taxpayer.
The Department of Home Affairs has been blocked by the Pretoria High Court from deporting a foreign worker and his wife, both of whom had been refused visa extensions, based on its failure to properly consider the documents supplied in their visa applications.
In May 2021, Home Affairs rejected Dzenisiuk’s application for renewal of his Critical Skills Working Visa on the grounds that there was no proof the employer was registered in SA. “The shifting of the goalpost is apparent from the response to the initial appeal,” noted Acting Judge Reinhard Groenewald.Dzenisiuk made a further appeal, providing evidence that he is one of two directors in the company but is not a shareholder.
The decision by Home Affairs that either IBA or Dzenisiuk had contravened the Immigration Act would likely have a bearing on any future visa applications by Dzenisiuk. The visa applications were ordered back to Home Affairs for reconsideration, and Dzenisiuk and IBA were given 10 days to supplement the applications with any documents deemed appropriate.‘Radical overhaul’ of the migration system ADVERTISEMENT CONTINUE READING BELOW In November last year, Home Affairs published a white paper proposing a radical overhaul of citizenship, immigration and refugee protection.
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