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High Court of South Africa North Gauteng, Pretoria

The Gauteng Division of the High Court of South Africa is a superior court of law which has general jurisdiction over the South African province of Gauteng and the eastern part of North West province. The main seat of the division is at Pretoria, while a local seat at Johannesburg has concurrent jurisdiction over the southern parts of Gauteng.

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1 judgment

Citation	Judgment date
September 2007
I T v Refugee Appeal Board and Others (13182/06) [2007] ZAGPPHC 1 (11 September 2007) Court set aside asylum rejections for bias and legal error and granted refugee status to the applicant. Administrative law – PAJA review – bias and reasonable apprehension of bias – undue external influence vitiating administrative action. Refugee law – assessment of well‑founded fear – correct standard: reasonable possibility of persecution; duties to consider country information and apply benefit of doubt. Exclusion from refugee status – s4(1)(b) – “reason to believe” requires objective basis; serious non‑political crime must be established. Substitution – exceptional circumstances where decisions are tainted and non‑refoulement risks justify granting asylum.	11 September 2007

Citation

Judgment date

September 2007

I T v Refugee Appeal Board and Others (13182/06) [2007] ZAGPPHC 1 (11 September 2007)

Court set aside asylum rejections for bias and legal error and granted refugee status to the applicant.

Administrative law – PAJA review – bias and reasonable apprehension of bias – undue external influence vitiating administrative action. Refugee law – assessment of well‑founded fear – correct standard: reasonable possibility of persecution; duties to consider country information and apply benefit of doubt. Exclusion from refugee status – s4(1)(b) – “reason to believe” requires objective basis; serious non‑political crime must be established. Substitution – exceptional circumstances where decisions are tainted and non‑refoulement risks justify granting asylum.

11 September 2007