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
Asylum seeker applications - effect of delay - relevance of criminal record in South Africa - overriding principle of non-refoulement
Delay does not impede right to asylum - only the Refugee Status Determination Officer is authorised to consider application merits - Immigrant Act must be read in harmony with the Refugees Act and international law
Human rights and fundamental freedoms - Bill of Rights- access to healthcare - the availability and affordability of medical services, medication, and treatment for HIV positive mothers and their unborn children.
Human rights and fundamental freedoms - Bill of Rights - violation of the right to equality, human dignity and fair labour practices
