Nov 4, 2012 - Permanent Residence    No Comments

Home Affairs permanent residence finalisations is in a shambles

Home Affairs permanent residence finalisations is in a shambles , article see Cape Times

November 2 2012 at 12:55pm

By Leila Samodien

Cape Times – They won a court order against Home Affairs, but immigration lawyer Gary Eisenberg claims it became “meaningless in the face of the department’s incompetence”.

Eisenberg submitted this in an affidavit that is part of a court application in which his firm and three other applicants want the department declared in contempt of court.

This is the latest development in a court wrangle to get Home Affairs to adjudicate a handful of outstanding applications for permanent residence permits.

The group’s main application was lodged in the Western Cape High Court in May, asking that the court issue an order for 110 applications to be processed. They secured a court order on May 18, by which time 75 applications remained.

The parties agreed that 51 would be finalised by July 18, while the others – those that were incomplete, on appeal or in need of corrections – would be done by August 20.

The department missed all these deadlines.

Eisenberg said that of the 75 applications, the department finalised only 28 by the deadline. This left 47.

The group now seek several orders – relating to the alleged contempt of court, to compliance with the original high court order, and to the “hurried rejection” of some of the applications.

In an answering affidavit, Home Affairs director-general Mkuseli Apleni contended that the department had not willfully failed to comply with a court order.

He argued he was not in contempt of court just because the outstanding applications hadn’t been finalised by the cut-off dates. These dates were not cast in stone. The department had only nine full-time permanent residence adjudicators. end of article

If they cannot do a simple job like 75 applications which was a court order , what about the applications in the pipeline ??

When one looks at the article and in a recent meeting on 24 October 2012 with the Chief Director we learned that they dont have an idea as to how many permanent residence backlog and appeals they have ? Scary and what is more scary they cannot give a timeline as to how long they will take to clear the backlog

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