Full Transcript of Immigration and Refugee Board: Mr. William Davis Ruling, on 27 August 2009, in the Case of Brandon Carl Huntley, RPD File / No. dossier SPR: MA8-04910; Paragraphs: 81 to 133 (PDF Feint Original:2761K) & (PDF Retyped:20K)
Minister of Citizenship & Immigration: Mr. Jason Kenney's Application to Canada's Federal Court (IMM 4423-09) for Review of the IRB's 'White Refugee' Ruling documents (and 'White Refugee' responses):
» 04 Sep: ‘Canada’ Applic. for Review
» 13 Sep: ‘White Refugee’ Petition to CA Fed. Crt (Please Sign Petition!)
» 30 Sep: ‘Canada’ Memo. of Argument
» 21 Oct: ‘White Refugee’ Petition Response
» 02 Nov: ‘Huntley’ Memo. of Fact and Law
» » Affidavit: Amina Sherazee
» » Affidavit: Stefanie Gude
» 10 Nov: ‘Canada’ Reply Memorandum
Other Resources: UHNCR Handbook on Procedures and Criteria for Determining Refugee Status, issued by the Office of The United Nations High Commissioner for Refugees; see paragraphs 53, 54 and 55 (UNHCR PDF) & (PDF: Scribd Download)
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Transcript of IRB William Davis Ruling: Brandon Carl Huntley, 27 August 2009
Excerpts as Publicly Released
from IRB Transcript
[81] The claimant must show there is a “good chance” or “serious possibility” he will be persecuted if he returns to South Africa. He must also establish that his fear of persecution is justified considering the objective evidence.
[82] To be considered persecution, the mistreatment suffered or anticipated must be serious, which the courts have equated the notion of a serious compromising of interest with a key denial of a core human right – i.e. the principle that human beings shall enjoy fundamental rights and freedoms without discrimination .
[83] A second criterion for persecution is that the inflicting of harm occurs with repetition or persistence or in a systematic way.
[84] In establishing whether a fear is subjectively well founded, the state’s ability or willingness to protect must be considered.
[85] Delay in making a claim to refugee status is not, in itself, a decisive factor. However, it is something I must consider because it is relefvant; because it is expected that absent a good reason, a person with a genuine fear of persecution whose intention is to seek refuge in Canada will do so immediately upon arrival. It has been held that valid status in Canada could constitute a good reason for not claiming refugee status immediately.
[86] In the absence of any adverse credibility finding, the explanation that a claimant did not know that she or he could claim refugee status has successfully been used to refuge findings that lengthy delays in claiming were due to an absence of subjective fear .
[87] In this particular claim, the claimants work permit gave him validity until its expiry. He subsequently made attempts to solidify or justify his stay in Canada by attempting to join the Armed Forces and by marrying a Canadian citizen.
[88] I find that his subjective fear of persecution remained constant and consistent up to and including the time he made his refugee claim.
[89] A given episode of mistreatment may constitute discrimination or harassment, yet not be serious enough to be regarded as persecution. A finding of discrimination rather than persecution is within my jurisdiction.
[90] Even so, acts of harassment, none amounting to persecution individually, may cumulatively constitute persecution (see also paragraphs 53, 55, 67 and 2001 of the Handbook on Procedures and Criteria for Determining Refugee Status – United Nations High Commissioner for Refugees).
The Objective Evidence
[91] South Africa is a multi-party parliamentary democracy. Constituional power is shared between the President Thabo Mbeki of the African National Congress (ANC) Party and the Parliament.
[92] There are reports of serious human rights problems, including police use of excessive force against suspects and detainees, which resulted in death and injuries, vigilante violence and mob justice: and violence resulting from social, racial and ethnic tensions.
[93] Killings and other violent crimes against farmers and their families continued in rural areas.
[94] The law requires employers with 50 or more employees to ensure that previously disadvantaged groups, legally defined as “Blacks” (including Africans), “Coloured” and “Asians” and collectively constituting more than 90 percent of the country’s population are represented adequately at all levels of the workplace. The claimant and the witness both described this policy as Affirmative Acton and the Black Economic Empowerment (BEE).
[95] The continued killing of mostly white farm owners by black assailants created concern among white farmers that they wre being targeted for racial and political reasons – National Documentation Package, South Africa – November 28, 2008; U.S. Department of State – Country Reports on Human Rights Practices – March 11, 2008 – February 25, 2009, Tab 2.1 (Exhibit A-3).
[96] In his submissions, Mr. Kaplan referred to a number of reports contained in his Index of Documents (Exhibit C-2 to C-29). I will refer to some of those reports.
[97] (a) Article 2009 – Time for the Truth (Exhibit C-3)
[98] This report indicates that the ANC policy of Affirmative Action has stripped the country of 75 percent of its skilled population and is responsible for the deprivation of the constitutional and social rights of the white population.
[99] (b) Race – Fuelled Myopia Driving Skills out of South Africa
[100] Reports emanating from the Institute for Race Relations (IRR) indicated that about a fifth of white South Africans had immigrated over the past 10 years with the main reasons given by immigrants were crime and affirmative action, so said Democratic Alliance leader Tony Lean in Cape Town. He accuses the ANC government of being indifferent to the lot of minorities, especially whites, and has expressed hostility to their interest.
[101] (c) South Africa – the next Zimbabwe – February 3, 2009 (Tab 6)
[102] This is an article written by Rev. Fleni Mzukisi of the Presbyterian Church of Africa. There are some of his comments: 14 years after the end of apartheid, the Mandela “rainbow” revolution has become a gloom cloud. Forty (40) percent of South Africans live below the poverty line. Unemployment rate is between 23 percent to 40 percent.
[103] Violence runs unchecked throughout much of the country. It is estimated that a woman is raped in South Africa once every 26 seconds and less than 1 percent of rape led to a conviction. Murders run free too. About 19,000 were murdered in 2006 – more than 50 per day.
[104] (d) Attacks have shown most of ANC to be racist, dated 31.05.08 – Cape Town (Exhibit C-11).
[105] The report states that it is time for the ANC to face up to the fact that most of them are racist and marginalized non-supporters and that it is the policy of the ANC and it endemic corruption that has brought South Africa to the brink of civil war.
[106] The policies of Affirmative Action and BEE have destroyed many businesses and jobs, leading to an exodus of skills and expertise.
[107] (e) Loss of Freedom – Sunday Times, dated 21.10.07 (Exhibit C-21)
[108] The report refers to police corruption and the chance if you report such corruption to another police officer, of ever seeing daylight again.
[109] (f) Hijacking Awareness Guide – August 2, 2006, datged 02-08-06
[110] Hijacking of vehicles in South Africa is so prevalent that this article (7 pages) gives instructions how to avoid them and how to recognize what is a suspicious vehicle or person.
[111] (g) South Africa: Burning the Welcome Mat (IRIN April 30, 2009 – Exhibit A -3)
[112] The report refers to the wave of attacks targeting foreigners near Johannesburg and of people set alight by angry mobs who roamed townships looking for foreigners and looting their shops and homes.
[113] (h) Quite South African – April 30th, 2009 (Exhibit A-3)
[114] This report indicates that white South Africans is a term which refers to people from South Africa who are of Caucasian descent. In linguistic, cultural and historical terms, they are generally divided into the Afrikaans-speaking descendants of Dutch settlers and the English-speaking Anglo-Africans who share an Anglophone background.
[115] The new phenomena of white poverty is often blamed on the goverments Affirmative Action legislation, which reserves 80 percent of new jobs for blacks and favours black-owned companies (i.e. BEE).
[116] There are 40,000 white farmers in South Africa. Since 1994, close to 2,000 farmers have been murdered in tens of thousand farm attacks in South Africa, many brutally tortured and slashed or raped. Some victims have been burned with smoothing irons or had boiling water poured down their throats. This type of torture is consistent with the torture received by the witness’ brother Robert.
[117] The gruesome and horrendous death of some of these victims is vividly depicted in photographs forming part of the evidence (Exhibit C-27).
[118] However, white South Africans in predominantly wealthy white suburbs have been affected by the 2008 13.5 percent rise in house robberies and associated crime.
[119] The evidence before me, which I find to be credible, is that:
[120] (a) The claimant was attacked personally by African South Africans on at least six or seven occasions because of his white skin (LL 125-128 of his PIF):
[121] (b) He has cars on various parts of his body, stomach, right eye, right side of his body and hands:
[122] (c) Multiple attacks. The witness, Laura Kaplan, was attacked and threatened with guns by African South Africans on two separate occasions because of the colour of her skin and perceived wealth.
[123] (d) Laura’s brother Robert who was tortured and shot by African South Africans and miraculously lived, now has major physical and psychological problems.
[124] (e) Laura’s brother Robert and her father survived only because of their wealth, being able to install electronic and guard protection for themselves both inside and outside their homes.
[125] The evidence of the claimant and the witness and the documentary evidence which I accept as credible shows a picture of indifference and inability or unwillingness of the government and the security forces to protect White South Africans from persecution by African South Africans.
[126] I find that the claimant has presented “clear and convincing” proof of the states inability or unwillingness to protect him.
[127] I find that the claimant was a victim because of his race (white South African) rather than a victim of criminality and that he has established a link between his fear of persecution and one of the five grounds in the Convention definition.
[128] I find that there is no viable IFA for the claimant in any part of South Africa. According the most recent statistics African South Africans make up about 80 percent of the population: white Europeans approximately 9 percent and the remainder are other coloured and Asians – the Europa World Yearbook 2008 (Exhibit A-1, Tab 1.2)
[129] I find that the claimant would stand out like a “sore thumb” due to his colour in any part of the country.
[130] I find that the claimant’s fear of persecution by African South Africans is justified considering the objective evidence referred to.
DETERMINATION
[131] Each case, such as this, must be assessed on its own particular facts and circumstances. In this particular case, having considered all of the evidence including that of the witness, Laura Kaplan, and the submissions of counsel for the claimant, I determine that the claimant has satisfied his burden of establishing a serious possibility of persecution on a Convention ground (race).
[132] For these reasons, I find that the claimant is a “Convention refugee” under section 96 of IRPA.
[133] Therefore, the claim of Brandon Carl Huntley is accepted.SIGNED:
William Davis
August 27th, 2009
» » » » [(PDF Feint Original:2761K) & (PDF Retyped:20K)]
Additional African White Refugee Resources
Minister of Citizenship & Immigration: Mr. Jason Kenney's Application to Canada's Federal Court (IMM 4423-09) for Review of the IRB's 'White Refugee' Ruling documents (and 'White Refugee' responses):
» 04 Sep: ‘Canada’ Applic. for Review
» 13 Sep: ‘White Refugee’ Petition to CA Fed. Crt, via UNHCR (Please Sign the Petition!)
» 30 Sep: ‘Canada’ Memo. of Argument
» 21 Oct: ‘White Refugee’ Petition Response
» 02 Nov: ‘Huntley’ Memo. of Fact and Law
» » Affidavit: Amina Sherazee
» » Affidavit: Stefanie Gude
» 10 Nov: ‘Canada’ Reply Memorandum
UNHCR Handbook on Procedures and Criteria for Determining Refugee Status, issued by the Office of The United Nations High Commissioner for Refugees; see paragraphs 53, 54 and 55 (UNHCR PDF)
2 comments:
Update it. They send his white trash lying ass home.
Mr. Rooster,
In this case you are the liar. As of today, Mr. Brandon Huntley is still in Canada; and is to receive a new hearing; as ruled by Judge Russel in the review.
Judge Russel's and all the legal documents filed in the Huntley REview before the federal court are on this blog; but you don't seem interested in impartial enquiry. Just smear mongering.
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