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Barend B.
Barend B., Legal Consultant
Category: South Africa Law
Satisfied Customers: 1346
Experience:  BLC LLB (Pret) LLM (Augsburg)
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I have an immigration issue and looking immigration attorney

Customer Question

Customer: Hello My name is ***** ***** I have an immigration issue and looking for an immigration attorney
JA: Thanks. Can you give me any more details about your issue?
Customer: My wife relocated to South Africa 3 years ago and was issued a 5 year work permant and a permanent contract with her employer. During her first year she was advised that she could apply for a permanent residency based on the 5 year work permit and her permanent employment contract. An immigration practioner defrauded her and provided her with fraudulent papers. She applied for an ID document on that basis and in the process discovered the documents were not valid. Upon realising this she got an attorney to contact DHA and have the papers cancelled and nullified. This was done over a year ago and she reverted to her work permit. Since she had already applied for the ID document and the process was still proceeding in the background, when they looked at her submission 6 months later, they also noticed that the papers were not valid. Despite the fact that she proactively approached DHA and made the application to cancel the papers, they have now served her with deportation papers and confisticated her new passport which only has the valid work permit. Unfortunately the attorney who handled the matter last year is away now. That is the long and short of it
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Submitted: 11 months ago.
Category: South Africa Law
Expert:  Barend B. replied 11 months ago.

Good day,

I'm not an immigration law specialist, but I will endeavour to give you some guidance. You should get yourself a reputable attorney who specialises in immigration law, and you can either search for one at www.attorneys.co.za or contact the provincial Law Society for a referral.

The first thing to do is to lodge an appeal against the deportation, and also file a claim under the Promotion of Administrative Justice Act (Act 3 of 2000). The decision to deny or approve permanent residency is an administrative decision. The decision to deport your wife is also an administrative decision. And administrative decisions must be made on a rational basis, and your wife is entitled to reasons for the decisions. They can not hold her accountable for actions of an unscrupulous lawyer. Only if she herself was found guilty of fraud can they use that against her.

If that still does not work, I suggest that you write to the Minister of Home Affairs and state your case.

I hope you come right.

Regards,

BB