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…
Source excerpt
- Refugees Act
- Manifestly Unfounded Asylum
- Gender Based Persecution
- Procedural Fairness
- Substitution Under Paja
- Well Founded Fear