If the diagnostic assessment suggests that the application has a viable prospect of success, and the applicant is ready to proceed, the next phase involves formal communication with the Department of Home Affairs through a series of escalatory letters.
This phase is critical in demonstrating that the applicant has exhausted all possible administrative avenues and has acted in good faith by allowing the DHA sufficient time to process the application and received adequate notice that should no response be forthcoming, or an estimated date of adjudication provided, we will endeavour to obtain the assistance of the courts to obtain the outcome on the relevant application. The drafting and serving of three formal letters to the DHA form the core of this step. These letters are carefully worded and structured to convey urgency and an intention of approaching the High Court, should the need arise.
The purpose of these escalatory letters is to advise the DHA that if a decision is not forthcoming within 25 business days, the matter will be escalated to the High Court for judicial intervention. This 25-day window allows the DHA the opportunity to respond to the request and potentially resolve the issue without necessitating court involvement.
The aforementioned period is determined in line with the DHA’s Service Delivery Charter, which provides that should a member of the public lodge a complaint with the DHA, they can expect to receive a response from the DHA within 25 business days.
Our escalation requests are largely scripted in line with the provisions of the DHA’s Service Delivery Charter, which explicitly provides for estimated timelines for adjudication of specific applications. A Service Delivery Charter is a statement of commitment that a department or component makes towards service delivery. It should be developed to suit the needs of individual departments or components.
It is worth noting that in many instances, this step has proven highly effective. Engaging with the DHA at a formal, legal level often compels the department to prioritise the application and provide an outcome. Our experience shows that through strategic, well-timed communication, we can often secure outcomes for clients without further litigation, saving both time and resources.
However, should the DHA fail to respond or provide a satisfactory resolution within the specified timeframe, the process proceeds to court intervention, as outlined in Step 3.
