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South Africa Case Law

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Administrative Law [2017] ZAWCHC 57

O.N v Chairperson of the Standing Committee for Refugee Affairs and Others (15376/16)

O.N v Chairperson of the Standing Committee for Refugee Affairs and Others (15376/16) [2017] ZAWCHC 57 (16 May 2017)

The court found that the administrative process was unlawful and procedurally unfair. The applicant was denied a fair hearing, competent interpretation, and the authorities failed to investigate or consider relevant country information and her personal circumstances. The decisions of the RSDO and SCRA were unreasonable and not rationally connected to the evidence. The applicant's fear of persecution based on imputed political opinion, family membership, and gender was well-founded, supported by credible testimony and country reports. The court held that exceptional circumstances justified sub…

  • Refugees Act
  • Manifestly Unfounded Asylum
  • Gender Based Persecution
  • Procedural Fairness
  • Substitution Under Paja
  • Well Founded Fear
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Administrative Law [2006] ZAGPHC 101

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…

  • Refugee Status
  • Well Founded Fear
  • Membership Of Particular Social Group
  • Promotion Of Administrative Justice Act
  • Bill Of Rights Interpretation
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.