Huntley ruling to be challenged

2009-09-10 08:04

Brandon Huntley

Johannesburg - Canadian Immigration Minister Jason Kenney is challenging in court a decision to grant South African Brandon Huntley refugee status, The Star newspaper reported on Thursday.

His lawyer, John H Simms, QC, has asked the Federal Court for an opportunity to argue that the decision must be quashed and the case heard again.

"The tribunal based its decision on an erroneous finding of fact that it made... without regard to the material before it," said Simms.

Procedures

"The tribunal failed to observe principles of natural justice, procedural fairness or other procedures required by law."

A tribunal, chaired by William Davis, earlier gave Huntley, 31, refugee status, arguing that the South African government could not protect him from persecution by "African South Africans".

Huntley, who grew up in Mowbray, Cape Town, said he had been attacked seven times by black South Africans and was called a "white dog" and a "settler".

It later emerged that none of the incidents had ever been reported to the police.

- SAPA