Oct 28, 2011
South African asylum seeker suffers setback in CanadaBack
© Reuse this
Huntley has applied to be recognised in Canada as a refugee because, besides various other claims, white people in South Africa are the victims of a deliberate and ongoing campaign of ‘genocide’.
The latest series of media reports may have created a false impression. In 2010, Canada’s Federal Court, which is much like our High Court, upheld the Canadian government’s application to overturn the decision of the Immigration and Refugee Board (IRB).
It was the IRB which had originally approved Huntley’s application for refugee status. Importantly, as part of its decision, the Federal Court had referred Huntley’s application for asylum back to the IRB to be considered afresh having regard to the Federal Court’s reasoning and criticisms of the earlier decisions.
In response to the decision of the Federal Court, Huntley asked the court to allow him to appeal against that decision and to take it to the Federal Court of Appeal. The Federal Court refused to grant him permission. But Huntley’s lawyers are not appealing whether or not he is a refugee – that issue has still to be heard again by the IRB. The case in the courts now turns on the circumstances in which a decision by the Federal Court can be appealed to the Federal Court of Appeal.
So, Huntley has approached the Federal Court of Appeal to challenge the lawfulness of the refusal by the Federal Court to grant him permission to appeal to the Federal Court of Appeal. And so it was on the narrow point of when one can and cannot appeal a decision of the Federal Court to the Federal Court of Appeal that Huntley’s present appeal was rejected as being “totally unmerit- orious”. It is not his application for refugee status that was rejected by the appeal court.
However, the Federal Court of Appeal did comment that, in any event, it did not consider that the Federal Court had committed any error that could be taken on appeal or that the Federal Court had been biased against Huntley.
His application for asylum must, accordingly, still be presented again to the IRB once Huntley exhausts his challenges to the appellate arrange- ments of the Canadian Federal Court system. And, if the media reports are correct, Huntley now plans to approach the Canadian Supreme Court (the equivalent of our Constitutional Court) to challenge the decision of the Federal Court of Appeal.
It is, therefore, unlikely that Huntley will be returning to South Africa any time soon.
Edited by: Martin Zhuwakinyu© Reuse this Comment Guidelines (150 word limit)
Other Chris Watters News
Recent Research Reports
Steel 2015: A review of South Africa's steel sector (PDF Report)
Creamer Media’s Steel 2015 report provides an overview of the key developments in the global steel industry and particularly of South Africa’s steel sector over the past year, including details of production and consumption, as well as the country's primary carbon...
Projects in Progress 2015 - First Edition (PDF Report)
In fact, this edition of Creamer Media’s Projects in Progress 2015 supplement tracks developments taking place under the Renewable Energy Independent Power Producer Procurement Programme, which has had four bidding rounds. It appears to remain a shining light on the...
Electricity 2015: A review of South Africa's electricity sector (PDF Report)
Creamer Media’s Electricity 2015 report provides an overview of State-owned power utility Eskom and independent power producers, as well as electricity planning, transmission, distribution and the theft thereof, besides other issues.
Construction 2015: A review of South Africa’s construction sector (PDF Report)
Creamer Media’s Construction 2015 Report examines South Africa’s construction industry over the past 12 months. The report provides insight into the business environment; the key participants in the sector; local construction demand; geographic diversification;...
Liquid Fuels 2014 - A review of South Africa's Liquid Fuels sector (PDF Report)
Creamer Media’s Liquid Fuels 2014 Report examines these issues, focusing on the business environment, oil and gas exploration, the country’s feedstock supplies, the development of South Africa’s biofuels industry, fuel pricing, competition in the sector, the...
Water 2014: A review of South Africa's water sector (PDF Report)
Creamer Media’s Water 2014 report considers the aforementioned issues, not only in the South African context, but also in the African and global context, and examines the issues of water and sanitation, water quality and the demand for water, among others.
This Week's Magazine
While economic forecasts for the African continent are most favourable, African airlines may not be able to benefit from the expected growth in the region’s gross domestic product (GDP), International Air Transport Association VP: Africa Raphael Kuuchi has warned....
The Automotive Production and Development Programme (APDP) will need to change substantially post 2020, says Metair Investments South African operations COO Ken Lello. “We must not make tweaks. We have to change. What we are doing is not sustainable.”
Banking group Absa’s forecast is for the rand to end the year at around R13 against the dollar, weakening further to R13.50 by 2016, says Absa sectoral analyst Jacques du Toit. He warns that possible interest rate hikes in the US may see capital being pulled from...
The Dispute Resolution Centre at the Bargaining Council for the Civil Engineering Industry (BCCEI) is now open to handle party-to-party disputes. The BCCEI represents the interests of all level four to nine Construction Industry Development Board companies.
Communications technology firm Ericsson sub-Saharan Africa head Fredrik Jejdling says the company’s commitment to sustainability and corporate responsibility has been integrated into all facets of its operations, which has provided it with sustainable revenue...
Next ArticleDepartment of Home Affairs failing refugees