http://www.engineeringnews.co.za
  SEARCH
Login
R/€ = 13.19Change: -0.04
R/$ = 12.10Change: 0.05
Au 1179.46 $/ozChange: 3.26
Pt 1125.00 $/ozChange: 2.50
 
 
Note: Search is limited to the most recent 250 articles. Set date range to access earlier articles.
Where? With... When?








Start
 
End
 
 
And must exclude these words...
Close Main Search
Close Main Login
My Profile News Alerts Newsletters Logout Close Main Profile
 
Agriculture   Automotive   Chemicals   Competition Policy   Construction   Defence   Economy   Electricity   Energy   Environment   ICT   Metals   Mining   Science and Technology   Services   Trade   Transport & Logistics   Water  
What's On Press Office Tenders Suppliers Directory Research Jobs Announcements Letters Contact Us
 
 
 
RSS Feed
Article   Comments   Other News   Research   Magazine  
 
 
Oct 28, 2011

South African asylum seeker suffers setback in Canada

Back
Africa|System|Africa
Africa|System|Africa
africa-company|system|africa
© Reuse this



The media reported recently, and perhaps with a little less passion than previously, that Canada’s Federal Court of Appeal had dismissed Brandon Huntley’s appeal against the refusal of his application for refugee status in Canada at the beginning of this month. The courts had reportedly termed the appeal “totally unmeritorious”.

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
The long-awaited amendments to the Immigration Act have ‘happened’. Both the 2007 and 2011 amendments, along with a wholly revised set of regulations, were promulgated on May 23 and came into effect on May 26. But are these the long-awaited panacea sought by...
So, for the estimated 230 000 Zimbabweans who are sitting with their 2010 ZDP permits, the truth has come out and the waiting is at an end. Cabinet has decided that the holders of these permits, most of which expire in 2014, "will be expected to reapply for their...
Amid all the dust and fury over the Guptagate saga, little seems to have been said about the possible role of the Department of Home Affairs – or of yet another errant official – in all this.
Article contains comments
Article contains comments
More
 
 
Latest News
South African mining and energy adviser Ted Blom has raised a litany of concerns about the state of power utility Eskom and has warned of runaway costs and shortfalls in coal and water, as well as rail capacity. Blom was surprised by the recent buoyancy shown by...
JSE-listed Astrapak will sell specialised packaging systems manufacturer Knilam to Mapflex SA for R17.7-million. The proceeds would be used to reduce Astrapak’s current level of gearing.
The last of the 26 mooring units comprising the Port of Ngqura’s automated mooring system (AMS) have arrived at the port and are expected to improve port efficiency and safety, further driving the Transnet National Ports Authority’s (TNPA’s) objective of establishing...
More
 
 
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
Sappi Southern Africa CEO Alex Thiel
Forest products group Sappi has confirmed the selection of its 25 MW biomass-to-power project, to be erected at its Ngodwana mill, in Mpumalanga, as a preferred bidder under the South African government’s Renewable Energy Independent Power Producer Procurement...
Information and communications technology (ICT) distributor DCC is making Windows- and Android-operating systems tablets available through retailers and education equipment suppliers to provide school children with affordable, high-performance education tools. The...
Another cement manufacturer is set to enter the Ugandan market, raising hopes that prices will come down and spur growth in the construction industry. National Cement, a Kenyan manufacturer, has unveiled plans to invest $195-million in a new manufacturing plant in...
With growth rates exceeding that in the developed world – at an average of between 4% and 5% between 2002 and 2014 – African countries provide investors with ample reason to tap into booming consumer demand says Manufacturing Circle executive director Coenraad...
The South African Chamber of Commerce and Industry’s (Sacci’s) Business Confidence Index (BCI) decreased by 3.7 index points month-on-month to 89.1 in March.
 
 
 
 
 
 
 
 
 
Alert Close
Embed Code Close
content
Research Reports Close
Research Reports are a product of the
Research Channel Africa. Reports can be bought individually or you can gain full access to all reports as part of a Research Channel Africa subscription.
Find Out More Buy Report
 
 
Close
Engineering News
Completely Re-Engineered
Experience it now. Click here
*website to launch in a few weeks
Subscribe Now for $96 Close
Subscribe Now for $96