VISA ESCALATION AND LITIGATION SERVICES

Overcoming Visa Processing Delays with Xpatweb

Due to ongoing backlogs at the Department of Home Affairs, litigation has become essential for applicants facing visa processing delays. Xpatweb’s legal team has developed a proven 3-pronged approach to escalating and litigating long-pending applications. This strategy ensures a structured, formal pathway for resolving visa delays while safeguarding applicants’ legal rights.

Delays in visa adjudication can cause significant disruptions to personal and business affairs. By leveraging our expertise in visa escalation and litigation, we provide tailored solutions to expedite application processing and secure timely outcomes.

About Us

Our 3-Step Approach

The third step provides applicants with a definitive pathway when all other administrative efforts have been exhausted.

We specialise in individual court applications for long-pending visa and Permanent Residence applications, providing a personalized legal strategy that ensures the Department of Home Affairs focuses on a single applicant’s case or family unit. This targeted approach leads to quicker adjudication, increased chances of success, and eliminates the risks associated with class action legal suits.

With a 100% success rate in securing favourable outcomes for clients, the visa litigation team offers a reliable and efficient solution for those seeking legal recourse against prolonged processing delays.

Types of High Court Orders

Substitution Order

In rare cases, the High Court may grant a substitution order, which:

  • Directs the Department of Home Affairs to issue the visa immediately.

  • Allows the court to make a decision on behalf of the Department of Home Affairs.

  • Requires a fully compliant application to justify the request.

  • May be considered if there is evidence of gross administrative failure or unreasonable delay.

    • Alternative Order

    As an alternative, the High Court may issue an order compelling the Department of Home Affairs to:

  • Finalize the application within a specific timeframe.

  • Ensure a decision is made within court-determined deadlines.

  • Provide a formal explanation in case of further delays, ensuring accountability.

    • Why Choose Us?

    • Expert Legal Team: Our immigration and litigation specialists have a deep understanding of Department of Home Affairs procedures and legal frameworks.
    • Tailored Solutions: We customise our escalation approach based on each applicant’s circumstances.
    • Proven Track Record: We have successfully secured timely visa adjudications through strategic litigation and maintained a 100% success rate for obtaining outcomes on long-pending applications.
    • Individual Suits: Our approach ensures that each case is treated independently, allowing for a focused legal strategy that directly addresses the unique complexities of the applicant’s situation, ensuring optimal resolution.
    • End-to-End Support: We guide clients through each stage, from initial assessment to High Court intervention if necessary.

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