Litigation & Appeals

Litigation and Appeals

Administrative Appeals under Section 8(4) and 8(6) of the Immigration Act

If your visa, permit, or status application has been rejected, the Immigration Act gives you a limited window to challenge that decision internally before considering litigation.  The appeal must be submitted within 10 working days of collection of a notice.  

• Section 8(4) refers to an appeal against an adverse decision addressed to the Director-General.
• Section 8(6) refers to an appeal a decision of the Director-General to the Minister of Home Affairs.

Both routes are subject to strict, non-negotiable time limits.  There is no good cause extension to the statutory deadline for these appeals to be lodged. 

2026 Note: Adverse outcomes and rejections are  subject to a 10 working day appeal deadline. Given the preparatory work required to draft and lodge a compliant Section 8(4) or 8(6) appeal, we may not be operationally able to assist you within the deadline unless you contact us within 1 working day of collecting or receiving your adverse outcome or rejection. If you have received a rejection, please treat this as urgent and contact us immediately. 

Litigation

Since 1997, we have been extensively litigating in all the courts of South Africa, including the High Courts in Cape Town and Gauteng, the Court of Appeals, and the Constitutional Court.

Some of our cases have been ground-breaking, while others have simply challenged government failures in the exercise of administrative obligations towards specific clients or classes of clients.

We have built focused expertise in the administrative appeals process up to Ministerial level, within the context of administrative and constitutional law, and in litigation at all levels of the judiciary within the immigration field.

While our litigation work has focused on administrative review and interdictory proceedings in the High Courts, we have also litigated in the Supreme Court of Appeal and in the Constitutional Court, and we litigate in the Magistrates’ Courts in relation to immigration and citizenship matters.

Litigation Strategy and Support

Not every dispute needs to go to court immediately, and not every dispute should avoid it. We advise on the correct sequencing of internal appeals and judicial review where applicable and necessary.

We render litigation services in the following areas:

• Administrative review and interdictory High Court proceedings and Appeals (Court of Appeals and Constitutional Court)
• Litigation strategy and support
• Judicial review on delay proceedings in the Western Cape High Court in respect of temporary residence visa application and/or appeals and in respect of permanent residence related applications and/or appeals on an individual and/or class action basis.