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Judge lashes out at refugee authority

Source: Cape Argus, 29/11/2015

A FURIOUS Western Cape High Court judge has threatened to refer the
refugee application debacle to the public protector after hauling the
Home Affairs Department over the coals.

Ordering Home Affairs Minister Malusi Gigaba, the Home Affairs
department and refugee authorities to persuade him otherwise by next
month, Judge Ashley Binns-Ward hit out at what he termed "systematic
dysfunctionality" in the department.

In the case, UCT`s Refugee Rights Clinic reacted after the respondents
failed to file the administrative record of the case, which led to
delays and to the matter eventually coming to a standstill.

The clinic accused the respondents of using strategies to frustrate
and defeat their efforts to assist clients.

In the application, it emerged that the clinic`s client, Kennedy
Tshiyombo, had fled from violence in the DRC nearly 10 years ago,
claiming he had been kidnapped and forcibly inducted into rebel
military forces. He later managed to escape and flee to South Africa.

Tshiyombo received an asylum seeker permit, which was renewed from
time to time and was asked to complete a fresh application for refugee
status in October 2008.

But days later his application was rejected as unfounded.
A later appeal to the Refugee Appeal Board was also dismissed.

He turned to the High Court, asking it to review and set aside the
decisions of the refugee status determination officer.

Judge Binns-Ward directed the Cape Town Refugee Reception Office to
issue Tshiyombo with a formal written recognition of refugee status.

The Appeal Board, the refugee status determination officer
and the Reception Office were ordered to show cause why they should
not be held personally liable for the additional costs Tshiyombo
incurred.

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If you are visiting SA or already here on a visa, take this as a public-interest warning. In 2025, a quiet, but sharp, shift has taken hold inside parts of home affairs adjudication ranks: applications are being refused almost mechanically if they were not submitted at least 60 days before visa expiry.A wave of refusals repeating near-identical wording:The applicant did not submit his/her application no less than 60 days prior to the expiry date of his/her.

The rigid application of this rule, devoid of consideration for mitigating circumstances, raises serious concerns about the fairness and legality of such administrative decisions.

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