Taxonomies
- Case indexes > Commercial > Arbitration and Alternate Dispute Resolution > Appeals
- Case indexes > Refugees > Administrative action > Procedure for the determination of refugee status
- Case indexes > Refugees > Asylum Seeker
- Case indexes > Refugees > International Refugee Law
- Case indexes > Refugees > Refugee
- Case indexes > Refugees > Refugee > Definition of a refugee
- Flynote
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Applications for refugee status – duty on decision-maker to assist asylum
seeker to obtain as full a picture as possible on which to predicate a decision – information
and evidence to be gathered or acquired in terms of the provisions of the Refugees Act
130 of 1998, the regulations and in accordance with the UNHCR Handbook – regard to
be had to the provisions of both s 3(a) and 3(b) of the Act – persecution too narrowly
viewed – onus to show that statutory requirements met on applicant but has to be viewed
with regard to a range of factors – applicant must be afforded an opportunity to confront
and deal with adverse factors that might weigh against him or her – Refugee Appeal
Board (RAB) and high court failed to consider that appeal was one in the wide sense –
RAB failed to observe fundamental administrative law principles – decisions set aside –
no basis for substitution order – structural interdict not warranted
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Cited documents 9
Judgment 7
Legislation 2
1. | Promotion of Administrative Justice Act, 2000 | 2107 citations |
2. | Refugees Act, 1998 | 133 citations |
Documents citing this one 1
Judgment 1
1. | D R and Another v Minister of Home Affairs and Others (31862/2022) [2023] ZAGPPHC 1393 (1 December 2023) |