Fang v Refugee Appeal Board and Others (40771/05)
Fang v Refugee Appeal Board and Others (40771/05) [2006] ZAGPHC 101; 2007 (2) SA 447 (T) (15 November 2006)
The court found that the applicant failed to discharge the onus of proving a well-founded fear of persecution based on political opinion. His account was inconsistent, lacked corroboration, and his actions upon arrival in South Africa did not support a genuine fear. The court further held that contravention of China's one child policy does not establish membership of a particular social group for refugee purposes, as the policy is a law of general application and penalties are imposed for conduct, not for immutable characteristics. Economic consequences alone do not amount to persecution. The…
Source excerpt
- Refugee Status
- Well Founded Fear
- Membership Of Particular Social Group
- Promotion Of Administrative Justice Act
- Bill Of Rights Interpretation