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
- Bato Star Fishing (Pty) Ltd v Minister of Environmental Affairs and Tourism and Others [2004] ZACC 15 (12 March 2004)
- Gauteng Gambling Board v Silverstar Development Ltd and Others (80/2004) [2005] ZASCA 19 (29 March 2005)
- Gavrić v Refugee Status Determination Officer, Cape Town and Others [2018] ZACC 38 (28 September 2018)
- Logbro Properties CC v Bedderson NO and Others (372/2001) [2002] ZASCA 135 (18 October 2002)
- Refugee Appeal Board of South Africa and Others v Mukungubila (185 of 2018) [2018] ZASCA 191 (19 December 2018)
- Ruta v Minister of Home Affairs [2018] ZACC 52 (20 December 2018)
- Trencon Construction (Pty) Ltd v Industrial Development Corporation of South Africa Limited and Another [2015] ZACC 22 (26 June 2015)