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Administrative Law [2025] ZAWCHC 226

M.A.M and Another v Director-General: Home Affairs and Another (23987/2024)

M.A.M and Another v Director-General: Home Affairs and Another (23987/2024) [2025] ZAWCHC 226 (29 May 2025)

The Court found that the reasons provided by the RSDO for rejecting the First Applicant's asylum application were unintelligible, internally contradictory, and factually incoherent. The RSDO accepted the criminalisation of homosexuality and the applicant's prior conviction and imprisonment, yet dismissed the credibility of his fear of future persecution. The reasoning failed to engage with the applicant's circumstances, disregarded objective country conditions, and did not reference relevant international materials. The RSDO's decision reflected a profound misunderstanding of the legal standa…

  • Promotion Of Administrative Justice Act
  • Refugees Act
  • Exceptional Circumstances Exemption
  • Intelligibility Of Administrative Decision
  • Lgbtqia Rights
  • Judicial Review
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