A Chadian asylum seeker facing prosecution in his home country due to his sexual orientation has received a lifeline from the Western Cape High Court.
The case revolves around a 28-year-old Muslim man who fled his home country to escape persecution after being convicted and imprisoned for same-sex activity. Following his release from prison in Chad, the applicant entered South Africa in May 2023 and later sought asylum under the Refugees Act 130 of 1998.
He has a long-term partner, the second applicant in the matter, who is a South African citizen and medical doctor. During 2024 he applied for asylum in terms of the Refugees Act 130 of 1998. His most recent interview was on 13 September 2024, but the application was ultimately rejected by the Refugee Status Determination Officer (RSDO) for what the court deemed unintelligible and contradictory reasoning.
Court scrutinises flawed asylum determination
Judge Da Silva Salie ruled that the RSDO’s justification lacked coherence, disregarding the applicant’s history of persecution and the ongoing risks he faces. The judgment emphasised that refugee determinations must be grounded in rational legal principles, aligning with both South African constitutional obligations and international human rights standards.
Acknowledging the applicant’s unique circumstances, including family rejection and societal threats, the court exempted him from exhausting internal remedies, allowing his claim to proceed directly to a reassessment by a different RSDO. The review must be completed within six months.
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