Brandon Huntley to appeal asylum ruling

2010-12-27 22:25
Johannesburg - The Canadian legal team of the white South African who was granted and then lost asylum status in Canada, is preparing to appeal the withdrawal of his right to remain in that country.

Brandon Huntley, 32, caused a stir in Canada and South Africa in 2009 when he claimed his fear of crime against whites made him a candidate for asylum, and a government board agreed.

Huntley, who grew up in Cape Town, claimed he had been attacked seven times by black robbers and called a “white dog” and a “settler”.

A panel of the Canadian immigration board found that his fear was justified and granted him asylum in August 2009.

Immigration Minister Jason Kenney appealed to the country’s federal court for a review of the decision by William Davis of the immigration and refugee board.


Advocate Russell Kaplan, one of Huntley’s lawyers, alleged that Kenney would never have appealed the decision if not for “pressure, driven by allegations of racism” by the South African government.

On November 24 2010, Judge James Russell ruled in the federal court that granting Huntley refugee status had been a mistake, adding it was clear Huntley came to Canada to look for work, not because he was fleeing persecution.

Kaplan said the ruling was a turning point for white South Africans who feel they are being targeted because of their skin colour.

“In his judgment, Russell said that just because Huntley’s circumstances could not be regarded under law as persecution, this didn’t mean other white South Africans could not qualify.”

He said an application for appeal was made to the federal court of appeal on December 22, to be heard by three judges.

Kaplan said the appeal turns on three questions, of which he was only prepared to discuss one.

Canadian government painted 'racist'

The appeal goes to the question of whether the federal court had the jurisdiction to hear the government’s appeal.

He said the main argument is that the South African government painted the Canadian government as racist when Huntley was granted asylum.

“The question is whether a new judge would be afraid to be called a racist if he or she upheld Huntley’s second application.”

Huntley may remain in Canada while the legal process is completed.
Read more on:    brandon huntley  |  canada  |  sa

Join the conversation! encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.
NEXT ON NEWS24X publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
Comments have been closed for this article.

Inside News24


Amazing solar inventions!

Solar power is lighting up the world, and not just on rooftops anymore.



Prince George the green prince?
One man's $1 million vision for an eco Africa
China's air pollution at doomsday levels
Keep food fresher for longer

Book flights

Compare, Book, Fly


The full moon energy can be quite intense today as your emotions fight against reason. It is important to ground your ideas more

There are new stories on the homepage. Click here to see them.


Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.

Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire network.


Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.