1925108 (Refugee) - [2023] AATA 1017

1925108 (Refugee) [2023] AATA 1017 (3 January 2023)
DECISION RECORD
DIVISION:Migration & Refugee Division
APPLICATION FOR REVIEW: Application for review of a decision made by a delegate of the Minister for Home Affairs to refuse to grant the applicant a Protection XA subclass 866 Visa under s 65 of the Migration Act 1958 (Cth) (‘the Act’)
APPLICANTS’ REPRESENTATIVE:Mr Adrian Joel, solicitor
CASE NUMBER: 1925108

COUNTRY OF REFERENCE: South Africa
MEMBER:Kate Chapple
DATE:3 January 2023
PLACE OF DECISION: Brisbane
DECISION:The Tribunal affirms the decision not to grant the main applicant and the secondary applicants a protection visa.

Statement made on 03 January 2023 at 9:24am
CATCHWORDS
REFUGEE – protection visa – South Africa – race – white South Africans – home invasions – employment – Black Economic Empowerment policies – physical assault – fear of killing – crimes committed against white farmers – racially motivated crime – effective state protection – decision under review affirmed
LEGISLATION
Migration Act 1958, ss 5H, 5J, 36, 65, 499
Migration Regulations 1994, Schedule 2
CASES
Applicant NABD of 2002 v MIMIA [2005] FCA 29
Appellant S395/2002 v MIMA (2003) 216 CLR 473
Chan v MIEA (1989) 169 CLR 379
CID15 v MIBP [2017] FCA 780
DZADQ v MIBP [2014] FCA 754
MZAAD v MIBP [2015] FCA 1031
MZXQU v MIAC [2008] FMCA 15
NBKT v MIMA [2006] 156 FCR 419
Ponnundurai v MIMA [2000] FCA 91
SZTWQ v MIBP [2015] FCA 950
SZURA v MIBP [2015] FCCA 1539
SZVJE v MIBP [2016] FCCA 594
Any references appearing in square brackets indicate that information has been omitted from this decision pursuant to section 431 of the Migration Act 1958 and replaced with generic information which does not allow the identification of an applicant, or their relative or other dependants.
OVERVIEW

The applicants are a family of four and citizens of South Africa: the husband, aged [age], is the main applicant; and his wife, aged [age], and their two sons, aged [age] and [age], are the secondary applicants. When in South Africa, the main applicant served a year with [Agency 1] after leaving school, then over a period of twenty-two years occupied [specified] positions in a range of industries, the last being with a[business 1] company involving regular [contract] work in [Country 1]. His wife completed [college] studies after leaving school, then over the same period worked in [specified] roles for [type] organisations, the last being an agricultural company located on a farm estate in [District 1] where the family also lived.
The main applicant believes the violence towards white people in South Africa is widespread and has worsened during their time there. When he was with the [a previous employer] in the early 1990s before the end of apartheid, he witnessed and experienced fighting and violence between political parties, which he remains affected by. He was later the victim of a violent street attack by black African men, and on a separate occasion, his wife was nearly killed in a dangerous driving incident involving black Africans. The family experienced a home break-in and attempted home break-in in different locations. The main applicant claims they increasingly lived in constant fear of harm, were forced to live in high security accommodation and to restrict their movements to avoid being harmed. The main applicant also claims to have been demoted due to the Black Economic Empowerment policies to create a position for a black African, forcing him to seek employment elsewhere.
While at the [business 1] company, an opportunity arose for the main applicant to come to Australia and take up a position working on a new project in its Australian operation. He believed this was the opportunity to get away from South Africa and build a new life free of fear, violence, harm and employment restrictions and financial hardship; and that this would be the pathway for him and his family to permanent residency in Australia. The main applicant came to Australia for the last quarter of 2014 to train members of the new project team. He and the family then returned to Australia in January 2015 on a temporary work (skilled) visa. Later in 2015, as a skilled worker, he was nominated by the [business 1] company for direct entry, however the new project ultimately did not proceed and the nomination was refused at the end of 2017. The main applicant applied for protection in May 2018 claiming racially motivated past violence and harm and employment discrimination and fear of the same and resulting economic hardship if he and his family return to South Africa.
The main applicant and his wife are both working in Australia. Their sons are completing high school and [further] studies. The main applicant’s mother and [a] brother remain in South Africa. The wife’s parents [and specified relatives] also remain in South Africa.
EVIDENCE BEFORE THE TRIBUNAL
Timeline
Departmental and Tribunal records disclose these key dates:
5.1.Main applicant’s first arrival in Australia: [September] 2014.
5.2.Main applicant’s subsequent arrival in Australia: [January] 2015.
5.3.Main applicant’s last arrival in Australia: [May] 2015.
5.4.Application for protection visa: 30 May 2018.
5.5.Interview with Department: 17 July 2018.
5.6.Delegate’s decision to refuse protection visa application: 6 September 2019.
5.7.Application for review: 7 September 2019.
Protection visa application
The main applicant made the following written claims in the protection visa application (no separate claims were advanced by the secondary applicants):
6.1.(reason main applicant left South Africa) We left South Africa for our freedom and a better chance of life. The opportunity to make a difference in a country that welcomed us. South Africa no longer wants the white people. There is outspoken hatred against the whites, to kill the whites, rape the women and kill the children. White genocide is what they are calling it. This is not only spoken of, but carried out in the most brutal fashion. Innocent people tortured in the most in humane way before they are eventually murdered. We were no longer safe in South Africa. I was working away from home leaving my wife and two boys on a farm. We were constantly aware of the violence around us. Living in homes with six foot walls with electric fencing at the top. All windows and doors had security gates and we had an alarm system we activated every night. We drove our cars with doors and windows locked day and night. When stopping at a traffic light you were constantly aware of what was going on around you, anticipating a hijacking.
These happened in broad daylight with people too scared to help with fear of being killed. Your home was your "prison". Kids couldn't ride their bikes in the street or to the shop. Our children caught a farm bus to school. Riots would break out in town and we had to find alternate routes to get to our children to get them home safely. We had riots going past the farm. Extremely frightening when you could hear the chanting and screaming of hatred towards the white people. This was no longer a country we wished to stay in. Our future and that of our boys could no longer be in South Africa.
Not only did you fear for your safety, studying, working all were now governed by the BEE policies. As white males, my boys and I stood little chance of getting work as we were considered the privileged few who now needed to make way for BEE Black Economic Empowerment. My job at [employer company name] had been re-allocated to accommodate this BEE policy. I was going to be demoted to [Position 1] and would need to train my new BEE counterpart in my previous position of [Position 2]. Being offered a visa to Australia was a God send.
6.2.(harm experienced by main applicant in South Africa) I was based in [two locations] [with Employer 1]. [I witnessed] the fighting between the Inkatha Freedom Party and African National Congress. [Details deleted.] The experiences during this time still haunt me today. I was shot at many times and narrowly missed being killed. I witnessed the aftermath of torture, killing of people, multiple necklacings, victims have tyres placed over their arms then set alight, unimaginable things that will remain with me forever.
My previous job at [employer company name] had been reshuffled to accommodate Black Economic Empowerment policies hence me leaving. I was asked to accept a demotion from [Position 2] to [Position 1] in order to create an opportunity for a black person to be given the role. We suffered loss whilst living in [location name].
Our car was broken into when it was parked outside our flat, behind a six foot fence, security gate.
My wife narrowly missed being killed. After dropping her for work I watched behind me as a taxi transport used by the black South Africans went through a red traffic light into a building. My wife had been crossing the road, was hit by the side mirror, and flung back the way she had been walking. One step further, she would have been hit directly and killed.
When staying in [location name] I was walking home one evening when two African men attacked me, they came at me twice attempting to stab me in my back and hit me over the head with a large piece of concrete. I managed to fight them off and phoned my wife to come fetch me, it happened not far from our house, we reported it at the local police station. They took a statement did not pursue the matter in any way.
At this same address, we experienced a break in while we were home. My wife, eldest son together with my brother stayed with me. We chased after the perpetrator who hid in the bush in front of our home. Probably not the best thing to do as the thief was armed and stabbed the police dog that arrived on scene later. We were very shaken by this incident.
Whilst living in [District 1], we experienced an attempted break in. Our dogs alerted us. My brother, living in an outside room, heard them jump over the wall, he screamed and shouted which thankfully scared them off. After this attempted break in, we kept our dogs inside at night as dogs were being poisoned so thieves could gain access. Neighbours directly across the road from us experienced this after we left.
We had also been alerted by residents involved in neighbour watch that various items, some a certain colour were being placed outside homes, a sign that your home had been targeted. You were constantly on alert looking for signs. We slept with our alarm on every night, locked a security gate in our passage, blocking the bedrooms off from the rest of the house. Our house had security gates on all windows and doors.
6.3.(help sought by main applicant in South Africa) I did go and make a statement at the Police station after I was attacked whilst walking home. They took my statement, but no further action was taken by them. When we had the break-in, we did call the police and they came to the house with their police dog and we did catch the thief. I was however never called to testify at a court hearing so to this day don't know if that person was actually jailed for this incident.
6.4.(attempts by main applicant to move elsewhere in South Africa) We moved from Pietermaritzburg in KwaZulu Natal to Centurion and then to [District 1]. Pietermaritzburg to [District 1] is about [distance] drive. Violence was no better in these areas, with us having attempted break-ins in [District 1] as already noted. The violence is not isolated, it is engulfing the country. It has been openly vocalised by leaders of political parties in South Africa that the whites are the cause of all the poverty, that it is the blacks’ right to take from the white person and claim what they think is theirs. They do this by force, torturing, murdering and raping, in the worse possible way. There are no boundaries or borders to where this happens, it is countrywide.
6.5.(what main applicant believes would happen to him if he returns to South Africa) It is a death sentence to return to South Africa, we truly believe this. We do not even want to entertain the thought of being thrust back to South Africa, a society enveloped in violence towards whites we would be in grave danger. The hatred and violent acts directed at the whites is only getting worse. It is not merely spoken words; it is actions carried out. Brutal torture and murdering of innocent people. We would have no work, no place to stay. We would have no medical. No government help in the form of Centrelink to help with the financial burden of starting all over again. With Black Economic Empowerment policies firmly in place, we would have no opportunities to even start to get back on our feet. This policy especially affects white males, which would affect whatever future our two boys would have. It frightens us to the core. We have worked so hard to make a new life in Australia, which we have thus far been very successful in doing. We would be giving up our right to be safe, have a future and to give our boys, whom we treasure, a future and provide them and us with opportunities to live out our days happy and fulfilled.
6.6.(type of treatment main applicant likely to experience if he returns to South Africa) Being white is our death sentence, we don't have any more rights in South Africa. We are the minority, seen as the cause for all the hardship the blacks have endured. We will be persecuted, gravely harmed if not murdered. We will be discriminated against because of the colour of our skin in the workplace and study institutions, being bound by the BEE policies. There is no future for us as a white family. We would be destitute in a country that doesn't want us. How do we then promise our children any kind of life?
6.7.(why the main applicant believes the South African authorities would or could not protect him) You would like to think the best of your authorities and that they would protect you, but the reality is that there is even corruption in the police force. How can you entrust your safety with authorities who have been convicted of the very crimes destroying a country?
6.8.(why the main applicant believes he is unable to relocate elsewhere in South Africa) The violence and economic hardship is throughout South Africa. This is clear from the news, with violence in KwaZulu Natal, Gauteng, Cape Town. The whole country is affected and I wouldn't want to put my family at risk in any part thereof.
Other departmental records:
7.1.Decision record relating to the delegate’s refusal decision.
7.2.Interview audio file.
7.3.Case file.
7.4.Internal records relating to the applicants.
Application for review
The Tribunal wrote to the applicants’ representative inviting the applicants to attend a hearing on 28 November 2022 and to provide pre-hearing submissions. To accommodate the representative’s availability and time differences between Australia and South Africa, the Tribunal agreed to reschedule the hearing to later in the day on 29 November 2022.
Prior to the hearing, the applicants’ representative provided to the Tribunal:
9.1.Confirmation that the applicants intended to participate in the hearing with the assistance of their representative.
9.2.A request that the Tribunal take witness evidence from a security specialist in South Africa known to the main applicant and his wife through her employment at the [District 1] farm estate.
9.3.Written statement from the main applicant extracted as follows:
9.3.1.Since December 2009 the family lived in the [District 1] area. I was fortunate to obtain employment with a company known as [company name] in March 2012 and lived with my family mainly on the [farm estate] up until 2014 when I arrived in Australia where I was granted a 457 visa in January 2015. My family joined me a few months later.
9.3.2.I have become aware that since our arrival in Australia, as a result of very significant South African Government corruption, the Government has stolen billions of Rand from the budgets of multiple public agencies and State utilities with the assistance of highly organised national and international crime gangs. This has led to the great weakening of the critical services provided by such Government agencies, which is particularly relevant to the capacity of the Government to provide fundamental protection and law and order to vulnerable people, including White South Africans who work in rural settings, being it in [business 1s] or on farms such our family.
9.3.3.I am aware that the budgets have been significantly looted from the South African Police Service, the State Security Agency and the National Prosecuting Authority amongst many others, affecting power, water, transport and the collection of taxes. I am aware that there was a detailed report by the Zondo Commission identifying the extent of the crimes. This has affected the capacity of the police to provide protection, as their resources have been badly affected, as has the prosecuting service.
9.3.4.I believe the South African Government is working to destroy South Africa in a way which has been based on a plan which is both systematic, premeditated and intentional. The group of people that we belong to is white Boers of rural background, who in recent years have been subject to worsening attacks and murders. Since our arrival in Australia the Government of South Africa has wilfully and systematically continued with criminal behaviour supported by criminal gangs. There has not been any real remedy to the State Capture issues. There have been no mass arrests.
9.3.5.There is no level of appropriate State protection. The actions of the Government continue to destroy the capacity to provide safety to members of my family, whilst the Government has sought to continuously weaken the effectiveness of the police and law and order. The riots and attacks upon white property owners in 2021 were as a result of the attempt to hold former President Zuma accountable. My great concern is that the police are not able to investigate and prosecute serious crime when it is the ANC/Government they are supposed to be investigating. Any investigation such as Zondo Commission appears to be for the sake of claiming that some investigations have taken place, rather than immediately commencing a programme of mass arrests and imprisonments.
9.3.6.The Decision record of 2019 does not make any mention of any of the events regarding the consequence of State Capture and the corruption of the BBBEE system and the worsening security situation.
9.3.7.Our few remaining relatives in South Africa reside in rural areas and are very anxious and concerned at the growing crime rates, a consequence of what amounts to state terror. [My wife’s] parents live in [location name], her sister lives in [location name], whilst my remaining brother lives in [location name], all small rural towns surrounded by farms.
9.4.Written statement from the main applicant’s wife extracted as follows:
9.4.1.I began living in the [District 1] area from 2009. It is a small rural community in South Africa. My husband secured employment with [company name] in March 2012. He was sent to [Country 1] as a [manager] for a [business 1] and worked on a [contract] basis from November 2012 until September 2014. [My husband] was sent by the company to Australia during 2014, where he was granted a 457 visa in January 2015. I joined my husband at the end of March 2015 accompanied by our two children.
9.4.2.From January 2010 I was employed as [Position 3] of the [farm estate] located in [road name] out of the small town of [District 1] in the province of Mpumalanga. We moved onto the farm July 2011. The [farm estate] was a [agricultural] business of [size] hectares. In part as a result of BBBEE (Broad Based Black Economic Empowerment) a black [manager], [named] bought out the other partners in the estate around the end of 2013.
9.4.3.Both prior to and during the period that my family and I resided on the farm estate, I was aware of the continuing and worsening farm attacks happening throughout the Mpumalanga province, and in most other rural areas. I have attached a document which lists some farm attacks between 1985 to 2016. The usual pattern of attack is to simply enter the farm and brutally beat, torture and murder the occupants in entirely unnecessary circumstances as part of violent robbery. The intensity of the farm attacks is such that I often think that the amounts of money stolen is not the main motive. The nature of the farm attacks, which is well documented, has become worse due to the weak response of the police. There has been a decline in genuinely and professionally pursuing the murderers and robbers.
9.4.4.It is fair to say that for a large part of the time [my husband] was in [Country 1] and I lived in a state of high anxiety and continuous worry. I had the benefit of living next door to the Farm Security Manager [name]. Before the farm estate began to unravel with its new ownership (leading to the break up and sale of parts of the farm estate), [the Security Manager] headed the farm’s dedicated security team which was considering the lack of confidence in the local police.
9.4.5.Every aspect of our lives was based upon the need for awareness of personal security. We could not rely upon the school bus taking the children into the local schools because of the break outs of violence that could happen at any time. There was a roster of parents, including myself, for the school drops offs/pick-ups. Our youngest child was in the [District 1] primary school, whilst [our older child] attended High School in [District 1]. The transport to and from [District 1] could be a very frightening experience. The major concern was being attacked and held up on the road. On occasions there were protests and marches, which could turn violent at any time. It was a nightmare for me and others to be inadvertently caught in such situations. On at least two occasions that I can recall, large demonstrations of mostly Zulus marched past the farm with the most ominous chanting (similar to a battle cry). Many of the demonstrators were armed with sticks, clubs, machetes and other weapons. They would pass directly along [farm estate road name], about 300 metres from where I lived. If they decided to attack, there was really nothing I could do.
9.4.6.There were many other daily procedures where I was obliged to put security at the forefront.
9.4.7.Since arrival in Australia the situation in South Africa has dramatically worsened. I have become aware that in recent years, particularly since 2018, the impact of what is called State Capture. This is when, through the endemic criminality of the (African National Congress) ANC party with the assistance major criminal gangs, systematically rob and financially strip many Government services and utilities which has had a direct effect on the level of fear and vulnerability that I have (with my family). I have become aware of the Zondo Commission, which detailed the endemic corruption and mass criminal fraud and theft of many public government services. It is not just a question of destroying Transnet (the transport system) by stripping 41 Billion Rand from it, or the electricity provider Eskom, which has led to the collapse of reliable power supply and load shedding – basically increasing the periods of no power, but there has been acts of fraud and theft involving many law enforcement agencies. This includes the South African Police Service and the National Prosecuting Authority.
9.4.8.I believe that when I was living in [District 1] and working on the farm estate the soaring murderous crime rate was and remains the consequence of the mass thefts by the Government which simply no longer allows proper protection and law enforcement from the State. It is not just a question of corruption, rather the South African Government is deeply involved in organised crime which could not be achieved without the benefit of the corruption of the system of BBBEE. It is only through the employment of public servants who are prepared to allow the mass theft of State-owned assets that all this could continue.
9.4.9.I have taken the opportunity with my husband of reading the Decision Record, rejecting our protection visa. I do not understand how the consideration could totally exclude any reference to the attack of the Government upon South Africa. For example, there is no reference to the stealing from the budgets of the South African Police, the prosecuting authority and others which I now understand explains their lack of capacity to function and provide protection to vulnerable groups such as people who live in rural areas who have assets such as farms and jobs on farms.
9.4.10.What is even worse is that since our arrival in Australia I am now aware that the Zondo Commission tried to summon former President Zuma to give evidence. This resulted in an uprising of his main supporters, the Zulus throughout South Africa. Zulus are the main tribal group in the [District 1] area. There were violent demonstrations and large-scale attacks on white owned properties during 2021. The police provided little or no protection, probably due to State Capture, and the army had to intervene but not until the damage was done. I think that if the Government attempts to arrest anyone connected to State Capture, violent attacks will result.
9.4.11.It is for this reason I believe that events have become worse since we arrived in Australia and can properly be seen as systematic and discriminatory conduct, not based on opportunistic attacks.
9.4.12.I do not believe it is safe to relocate anywhere in South Africa. We cannot return to [District 1]. Our only relatives live in rural locations. My brother-in-law lives in a small rural town, also in Mpumalanga whilst my sister lives in KwaZulu in a small coastal town surrounded by farms and my retired parents live about three hours away in a rural town, part of the [named] district in KwaZulu, which is very violent. I will provide some Country Information regarding crime in this area and information which explains State Capture. There is nowhere else for us to relocate to, without such important family support, considering the growing violence. Our family has been rural based for years and it is people in those areas who are particularly attacked. The breakdown of state protection is not random crime.
9.4.13.Apart from the obvious employment issues, we cannot just move to a city without any family support when the violence and Government corruption is getting worse.
9.4.14.Since we arrived in Australia it has become clear that the Government has participated in major crimes with almost complete impunity and this has affected the ability to provide protection, given the attack on law enforcement and other agencies.
9.4.15.The State cannot provide us with protection and has acted in a manner that can be described as organised crime and destroyed the capacity to relocate.
9.5.Written statement from the witness extracted as follows:
9.5.1.I have had a long career in law enforcement, holding a number of senior positions [between specified years]. I have attached a brief resume of the dates of employment with respect to various specialised [squads], and what I understand to be of particular significance, the [named unit].
9.5.2.I left employment with the law enforcement agencies in [year] and moved to private industry working for [a named] Company seeking to control theft and pillage from [work] sites.
9.5.3.During 2011 I was employed as the Security Manager of [the farm estate] (a [agricultural] holding of [size] hectares just outside [District 1], Mpumalanga province) and was there until 2014. Whilst there I had the opportunity of meeting [the applicants]. [The wife] was employed there in a senior [position] as [Position 3] from July 2011 to early 2015 (I am not sure of the exact date).
9.5.4.I headed an armed security team. My job was to provide protection to the staff of the farm estate, which at that stage was a large rural business in the absence of effective police protection. I would identify potential issues and focus my resources on dealing with crime on the farm estate and surrounding areas as well as ensuring personal protection. [The wife] lived next door to me on the farm estate, which was of benefit to her, considering her husband was employed in [Country 1] on a [contract] basis. To the best of my memory, he worked away approximately [roster arrangements].
9.5.5.As a result of a programme of “affirmative action” (BBBEE) to provide equal employment opportunities, the farm estate was bought out around early 2014, sold off in parts and to the best of my understanding, began to collapse financially.
9.5.6.During the years I was employed on the farm estate the law and order/crime situation continued to rapidly deteriorate. For a number of years, White farmers (usually of Boer background) have been continuously murdered, their families tortured and violence which was unnecessary. On numerous occasions, instead of just robbing the farming family, they would be tortured and murdered often for very small amounts of money.
9.5.7.This violence has continued in a manner that is not restricted to Mpumalanga. I am aware that [the main applicant’s] brother has also been affected by the continuous threat of arbitrary violence. I am informed he lives in a small rural town surrounded by farms similar to Mpumalanga. I am informed that [the wife’s] family resides in the province of Kwa Zulu in Natal. I am aware that the same of level of violence, intimidation and fear exists in this area.
9.5.8.During my years on the farm estate on several occasions heavily armed demonstrations passed by with fearsome chanting and carrying pangas, clubs and other weapons. It was always with a sense of trepidation that the women (including [the wife]) drove into [District 1] to collect their children from school, as they could so easily and inadvertently be caught up in confrontations.
9.5.9.Murderous attack on farms continued and there was a growing atmosphere of fear and lawlessness, which has only got worse. At all times farmers must be prepared for random attack. There simply is no security provided by the police that can be regarded as effective protection as a result of endemic State corruption (refer below). From my experience in law enforcement and my current work providing security services murderous violence can occur at any time with little fear of arrest.
9.5.10.I believe it is fair to say I have specialist knowledge in dealing with the issue of what is known as State Capture. Such process is when as a result of endemic Government corruption the integrity of public service utilities are corrupted as a result of shameless large scale looting/asset stripping for personal gain. I can say emphatically and without doubt one consequence of State Capture has been the stripping and diminishing of resources to law enforcement and the inability to deal with serious crime when it is sponsored and conducted by the State. I believe it is not correct that an assessment of the effectiveness of police or other Government services in South Africa can be conducted without recognition of the worsening effect of State Capture, particularly in the area of crime and state protection.
9.5.11.I believe the South African Government is the source of the continued destruction of Government Departments, which explains the unrelenting nature of murderous attacks upon White farmers throughout South Africa.
9.5.12.My expertise in expressing such opinion is based upon the following. I have recently [researched] the consequence of State Capture with respect to [a specified project]. I am aware that as a result of the highest echelons of the ANC, including the former President of South Africa supporting corruption, there has been and continues to be wholesale looting leading to disastrous consequences and loss of the ability to provide [specified services] to South Africans. It is the Government that has induced the continuing economic collapse, which may be viewed as a type of State sponsored looting leading to the collapse of society. To my knowledge State Capture has and continues to effect multiple government agencies such as Transnet (transport), collection of taxes, South African Airways, Dept. of Water, etc. In my view the endemic corruption of the Government is the source of the conflict and is responsible for the growth in crime and the collapse of state protection and increasing destruction of the rural sector.
(I am able to provide recent details in an interview format on the basis of an undertaking that my evidence would be based upon anonymity and that the character of the evidence I can provide will not be publicly presented in a fashion where the source of such information can be identified).
9.5.13.My expertise was also developed when I was [in a specified role] with [a named authority] dealing with grave claims of structured corruption. On many occasions we could precisely identify extensive structured corruption in different levels of Government Departments. We would prepare reports which almost uniformly would be buried.
9.5.14.I do not believe that relocation from rural areas in South Africa is possible for [the applicants], who I understand only have their remaining relatives in rural locations. It is not a simple matter to go to a large city without any family support or employment. As the security situation continues to deteriorate, family support is very important and also provides a level of protection.
9.5.15.People who have worked and lived in the rural and farming sectors continue to be vulnerable to attack as a result of Government corruption.
9.6.Submission from the applicants’ representative extracted as follows:
9.6.1.We would submit that the recent findings of the Zondo Commission significantly challenge the integrity and validity of many of the Country Information sources that have been used for the number of cases dealing with certain groups within South Africa (in this case, rural based).
9.6.2.In the instance of the Applicants, the State Capture claims have emerged publicly upon a sur place basis, the effect of which is to challenge the capacity of relocation within South Africa.
9.6.3.Further, focus can be placed upon the manifestly unsatisfactory response from the Government. Currently, only a small number of people have been arrested. There do not appear to have been any significant convictions and this is after a four-year period where billions of rand have been looted.
9.6.4.I emphasise that the Applicants do rely upon subjective circumstances; that is, a factual pattern whereby they have and will suffer grave prejudice if they are obliged to return.
The Hearing

The applicants appeared before the Tribunal at a hearing conducted in person on 29 November 2022. The applicants’ representative was present at the hearing via video link. The main applicant and his wife elected not to have an interpreter; the hearing was conducted entirely in English.
All applicants remained in the hearing room for the duration of the hearing. The Tribunal took evidence from the main applicant, followed by his wife, and then from the witness in South Africa.
The Tribunal summarised the refugee and complementary protection legislative requirements.
The Tribunal acknowledged to the main applicant that he and his representative had provided a considerable amount of material to the Tribunal by way of written evidence, country information, and character references, and asked the main applicant to explain the grounds on which he is seeking protection.
Protection claims
The main applicant responded. The family has been in Australia for eight years; it’s a long time. Over that time, family members in South Africa have told them of the increase in crime, including recent farm attacks close to his brother who is locked in a steel cage, he hides away and relies on his dogs and the security system to keep safe. If they return, they fear with the level of violence so high and without adequate policing, there is a high chance of dying and carjacking, they would be thrown into a war zone. Also, the BBE policies impact their ability to find work and they would suffer economic hardship. The country information presented shows how the Zondo Commission has highlighted corruption, police and prosecuting services are low staffed and unable to provide protection in rural areas including the three small towns where their family members live and where they would have to live if they return. The South African government plans to destroy the country.
The Tribunal noted to the main applicant that the Tribunal accepts the factual accounts of the family’s experiences in South Africa and accepts that they fear returning to South Africa.
The Tribunal explained that the law requires it to make a determination about whether the protection claims—fears of violence without police protection and significant economic hardship—are essentially and significantly grounded in the main applicant being a white South African, and that feared harm and hardship would involve systematic and discriminatory conduct directed at him. The Tribunal further explained that the fear of persecution must not only be subjectively held, but well-founded, meaning that it must be objectively verified or demonstrated, looking to the main applicant’s past experiences and to country information to assess the reasonably foreseeable future.
Country information put to main applicant by Tribunal
The Tribunal summarised the country information as follows:
17.1.In relation to violence and crime in South Africa, there is consensus among these reports that violence is endemic in South Africa. Police and victims of crime statistics released very recently point to high levels of gender-based serious violence, rape and sexual assault against women and children; family violence, and assaults and murders across the South African population perpetrated in homes, on the roads and even in churches and schools. Arguments, misunderstandings, road rage, provocations and vigilantism directed towards foreign nationals are among the motivations quoted. These reports do not talk about these crimes being racially motivated. Rather, reports say the crimes are opportunistic, and often motivated by poverty.
17.2.It is said that crimes committed against farmers can be more brutal than those committed in more densely populated areas and is in part due to the isolation of their homes and the additional time it takes police or private security services to respond. However, farmers remain less likely to be murdered or to be victims of crime than some other groups of South Africans, notably young black men living in townships.
17.3.The 2022 Victims of Crime report refers to housebreaking and burglary being the most common crime experienced by households in South Africa, and trending upwards. Theft of personal property is the most common crime experienced by individuals in South Africa, again trending upwards. Car hijacking is also on the rise. Across the breakdown of crimes, the most common focus was on the vulnerability of females, males and young people to certain crimes. There are two references to white people in the report, being they represent the highest proportion who have experienced theft of personal property, and households headed by whites are more likely to experience housebreaking. Overall, feelings of safety have declined across the adult population, with females feeling more unsafe than males walking alone when it’s dark, and people in rural areas feeling safer walking when it’s dark than those in urban areas.
17.4.Regarding employment discrimination, the reports say that the unemployment rate of black South Africans is far higher than white South Africans on a proportionate basis notwithstanding the black economic empowerment measures.
17.5.Regarding expropriation of land, the bill recently passed by the South African parliament provides that compensation must be just and equitable having regard to the circumstances, and the quantum will be determined by the courts.
17.6.There is the recently released Zondo report on state capture, which ultimately found that state capture took place in South Africa on an extensive scale, although it’s not clear what findings were made about law enforcement agencies. The important point is that the report deals with corruption right across government affecting all of civil society in South Africa.
17.7.Various reports also acknowledge that police are poorly resourced, and weakened by corruption, but they are not definitive in saying the police cannot provide adequate protection to victims of violence and crime.
Main applicant’s evidence
The main applicant gave the following further evidence:
18.1.The main applicant was naïve about the application process and requirements, he didn’t understand the importance of country information, and had a number of problems with the way the Department interview was conducted. He has a better understanding now.
18.2.It is difficult to drill down on the country information presented by the Tribunal and find relevance and currency in light of his experiences in South Africa. Rural areas experience a disproportionate amount of white-targeted crime. White people are perceived as affluent. The Economic Freedom Fighters party motivate people to do torturous things.
18.3.Crime is seldom reported as black and white. In rural areas, people mostly rely on private security, or one another, rather than the police.
18.4.The main applicant was walking home late at night in [Town 1]; there was a black man also walking nearby. Two black men on a side road attacked the main applicant, not the black man. It’s always going to be the white guy. There are white squatter camps everywhere; it’s got progressively worse over 30 years.
18.5.When the main applicant was [an occupation] in the early 1990s, he [witnessed] violence and killing between political parties. He witnessed conflict where people were targeted for being different. Farm related attacks are not opportunistic, they’re aimed at the white Afrikaners, they’re not just to rob, they want you to suffer.
18.6.The Zondo report reveals the motivations of the government through cadre deployment, influence and corruption from the top down. The ANC have put cadres in all levels of government including in law enforcement to serve the government not the people, bribes have been taken, a whistle blower assassinated. The Minister for Police has outstanding allegations. The government is trying to take power away from citizens, gun licences are being denied so people can’t arm themselves. Government money is siphoned off for private benefit, there is no funding for crime prevention, the police force is 18,000 members less that ten years ago, it is impossible for people in small rural towns to get protection. The main applicant believes that the government is wilfully enabling the targeting of white people by denying protection and not making arrests.
18.7.The main applicant and family will be forced to live in a rural town in South Africa with other family members because they can’t afford housing and a car. However, his wife’s elderly parents live in a very isolated rural town, which is dangerous and they must restrict their activities to avoid harm. They would otherwise have to live in a shelter. There is no government support available. He couldn’t get work in the city, even as a street sweeper or bus driver, because of the BBE policies that preference black South Africans. His former [business 1] sector employer is being investigated due to non-compliance with BBE obligations. He couldn’t work as a farm manager in a rural town because he would be seen to be competing with black people and he would be attacked, and there is no police protection.
18.8.The current President is no better than the previous, and is as corrupt. He has encouraged the cadres, there’s been no official response to the Zondo report, nothing will happen and therefore he is complicit.
18.9.The main applicant came to Australia first on a visitor visa to train staff and provide advice on a new project being led by the Australian operation of his [business 1] sector employer in South Africa. He then returned on a skilled work visa, and in time an employer nominated direct entry visa application was refused because the project didn’t proceed. He had thought that he and the family would be granted permanent residency. The main applicant’s South African employer wanted him to return to South Africa, but he couldn’t risk it. [His role] on the farm estate was no longer an option because it had been bought out to allow for black ownership.
18.10.The main applicant met with his local Federal member of parliament, [Representative A] in March 2018. While in the meeting, [Representative A] spoke to [a named Minister] on speaker phone. He was advised to apply for a protection visa, which he did in May 2018.
Wife’s evidence
The main applicant’s wife gave the following evidence:
19.1.Living on the farm estate with their sons while her husband was working in [Country 1] was frightening, you never knew when the riots were going to happen. The boys went to school in the nearby town. On many occasions she would have to leave work to collect them as it was too dangerous for them to travel by bus. The fear of not knowing whether she would get there on time. There were no police close by. It was too dangerous to leave the farm estate on weekends.
Witness’s evidence
The Tribunal agreed to take evidence from the witness. The witness gave the following evidence via telephone from South Africa in response to the Tribunal’s questions related to his written statement:
20.1.He is currently establishing his own [business] after many years working in [law enforcement]. He is joining a network of [similar] firms already operating in South Africa.
20.2.The situation in South Africa is extremely volatile and dangerous, there was unrest when the corrupt former president was imprisoned, thousands of people were torching and stealing, 500 children were recently murdered.
20.3.The EFF party leader makes many public statements calling for white people to be murdered—Kill the Boer—however there are no consequences for this hate speech, and they have two million followers.
20.4.[His business] has connections with the police. [He observes] they don’t have the manpower or equipment. In his new business, he will be involved in community police forums. He will also have [opportunities to assist police].
20.5.White people are easy targets on the farms. Elderly people are tortured and set alight. Ninety percent of them are white. He believes these attacks are targeted and organised, they know there is money on the farms, they bring in high-tech equipment and firearms experts.
20.6.Police aren’t equipped to enforce the law, sometimes they are implicated in the crimes. The quality of police work is poor, the DNA system is two years behind, the justice system is broken, everything is corrupt.
20.7.There is a direct link between the EFF and farm murders and land grabs.
20.8.BEE has destroyed the country, there is no work for the main applicant in South Africa, 51% of management must be occupied by black people.
20.9.There will be no consequences for corruption as a result of the Zondo report.
20.10.Don’t return to South Africa if you can’t protect yourself.
Representative’s oral submissions
The applicant’s representative made the following oral submissions:
21.1.The main applicant’s protection claim is not just that he is white, but that he is rural based and apparently affluent. The fears are based on the police having no powers to protect him from harm.
21.2.The country evidence put by the Tribunal is perverse, reflects an insufficiency of preparation, and a general failure of investigation, and has been utterly discredited by the country information submitted by the main applicant. The threats are exacerbated by the sur place claims, which have been ignored to date and not taken into account by the often quoted John Campbell.
21.3.State capture renders the state unable to provide protection. There is a wilful refusal to acknowledge the criminality of the South African government, and DFAT may be complicit, not wanting to internationally embarrass.
Country information – provided by the applicants’ representative
The applicant’s representative provided a substantial volume of country information, which the Tribunal has referenced and summarised in Attachment B to this decision record.
Country information – sourced by the Tribunal
The Tribunal sourced the following country information:
Safety of white South Africans
23.1.Numerous sources indicate that violent crime is a serious problem in South Africa.[1] For example, according to a September 2018 Africa Check[2] factsheet, there were 20,336 murders in South Africa between 1 April 2017 and 31 March 2018 – up from 19,016 murders the year before.[3] The country’s murder rate also increased from 34.1 per 100,000 people to 35.8 – an average of 56 murders per day.[4] This rise in the total number of murders is the biggest single increase since the end of apartheid and is part of a 17 per cent rise in murder over the past five years.[5] Police Minister Bheki Cele in 2018 described the statistics as being close to those found in a war zone,[6] while criminologists agree that, while poor areas are particularly affected,[7] violent crime is pervasive in South Africa and affects every sector of society.[8]
[1] For example: ’FACTSHEET: South Africa’s crime statistics for 2017/18’, Africa Check, 11 September 2018; ‘South Africa: murders surge by more than 7% in a year’, The Guardian, 12 September 2018; ‘Accurate statistics are needed for the SA farm murder debate’, Institute for Security Studies, 11 December 2017
[2] According to its website, Africa Check is ‘a non-profit organisation set up in 2012 to promote accuracy in public debate and the media in Africa’.
[3] ’FACTSHEET: South Africa’s crime statistics for 2017/18’, Africa Check, 11 September 2018
[4] ’FACTSHEET: South Africa’s crime statistics for 2017/18’, Africa Check, 11 September 2018
[5] ‘South Africa: murders surge by more than 7% in a year’, The Guardian, 12 September 2018
[6] ‘South Africa: murders surge by more than 7% in a year’, The Guardian, 12 September 2018
[7] ‘Accurate statistics are needed for the SA farm murder debate’, Institute for Security Studies, 11 December 2017
[8] ‘Ramaphosa’s ‘killings of white farmers’ comment: What the president meant’, News24, 27 September 2018
In terms of the impact of crime on the safety of white South Africans, John Campbell, a senior fellow for Africa policy studies at the Council on Foreign Relations, is quoted in a September 2018 Immigration and Refugee Board of Canada report as stating that ‘there are no areas in South Africa that are dangerous for white South Africans per se; there are areas in South Africa that are dangerous for everybody’.[9] The Chief Executive Officer of the South African Human Rights Commission is quoted in the same report as stating that ‘white people … experience less crime than other racial groups’ in South Africa, while the Vice-Chancellor of Witwatersrand University in Johannesburg says that ‘violence is experienced more by black South Africans’.[10]
[9] ‘ZAF106171.E South Africa: Situation of white South Africans, including treatment by government and society; state protection available to white South African victims of violence; information on the white South African community, as well as political and/or rights groups (2014-September 2018)’, Immigration and Refugee Board of Canada, 21 September 2018
[10] ‘ZAF106171.E South Africa: Situation of white South Africans, including treatment by government and society; state protection available to white South African victims of violence; information on the white South African community, as well as political and/or rights groups (2014-September 2018)’, Immigration and Refugee Board of Canada, 21 September 2018
However, according to a 2016 survey conducted by Statistics South Africa – again, cited in the Immigration and Refugee Board of Canada report – ‘households headed by white and Indian/Asians were more likely to be affected by crime than other population groups’, including burglary and the theft of a motor vehicle or motorcycle.[11] As regards the overall threat of violent crime in South Africa, statistics demonstrate that young black men in townships experience the highest murder rate in the country – estimated in March 2018 by the head of the Institute for Security Studies, a Pretoria-based think tank, to be between 200 and 300 per 100,000.[12]
[11] ‘ZAF106171.E South Africa: Situation of white South Africans, including treatment by government and society; state protection available to white South African victims of violence; information on the white South African community, as well as political and/or rights groups (2014-September 2018)’, Immigration and Refugee Board of Canada, 21 September 2018
[12] ‘South Africa criticises Australian plan to fast-track white farmer visas’, The Guardian, 15 March 2018
Availability of state protection for white South Africans
23.2.Police in South Africa are viewed as often ineffective. A 2015 South African Human Rights Commission report refers to the ‘deeply ingrained’ nature of crime in South Africa, ‘and the feeling among criminals that they will not be caught, and even if they are caught, that the criminal justice system is not enough of a deterrent’.[13] The US Department of State’s 2019 South Africa crime and safety report says that police have made a strong effort to decrease their response time to incidents in recent years, and that there are effective detective programs at all police stations, with detectives on duty at all times.[14] However, the report says that while there has been an improvement in community policing, many South Africans mistrust police and see them as corrupt.[15] John Campbell, the senior fellow for Africa policy studies at the Council on Foreign Relations quoted in the September 2018 Immigration and Refugee Board of Canada report, notes that ‘there are state protection measures available to white South Africans who are victims of violence’:[16]
[13] ‘Safety and Security Challenges in Farming Communities’, South African Human Rights Commission, 27 November 2015, p.81
[14] ‘South Africa 2019 Crime & Safety Report’, US Department of State, 6 March 2019
[15] ‘South Africa 2019 Crime & Safety Report’, US Department of State, 6 March 2019
[16] ‘ZAF106171.E South Africa: Situation of white South Africans, including treatment by government and society; state protection available to white South African victims of violence; information on the white South African community, as well as political and/or rights groups (2014-September 2018)’, Immigration and Refugee Board of Canada, 21 September 2018
For instance, the SAPS [South Africa Police Service] and the judiciary (which is quite independent) offer protection. To illustrate this point: if a person is attacked and robbed on the street, the police would investigate and arrest the perpetrator. The perpetrator is then tried in a court, and then sentenced to jail, without any reference to race. (Campbell 30 Aug. 2018).[17]
[17] ‘ZAF106171.E South Africa: Situation of white South Africans, including treatment by government and society; state protection available to white South African victims of violence; information on the white South African community, as well as political and/or rights groups (2014-September 2018)’, Immigration and Refugee Board of Canada, 21 September 2018
The Vice-Chancellor of Witwatersrand University in Johannesburg, who is also a political science professor, states that the state provides all South Africans who are victims of crimes the same services, irrespective of race. However, he says that ‘while the crime rate remains high, police stations and the appropriate infrastructure to address the high crime rate are not always available’. [18]
[18] ‘ZAF106171.E South Africa: Situation of white South Africans, including treatment by government and society; state protection available to white South African victims of violence; information on the white South African community, as well as political and/or rights groups (2014-September 2018)’, Immigration and Refugee Board of Canada, 21 September 2018
Department of Justice South Africa, Human Sciences Research Council, Baseline Study to Determine Levels of Racism, Anti-Foreigner Sentiment, Homophobia, Racial Incidents, Inter-Racial Relations and Perceptions of National Identity (2021)
23.3.The prominent form of discrimination reported by the general population is, perhaps unsurprisingly, racism and racial intolerance. According to the SEJAS dataset, 5% of the adult population reported experiencing racial discrimination in the year prior to the survey interview. About two-fifths (43%) of racial discrimination victims said that they experienced intolerance at the workplace while 37% told fieldworkers that it happened in a public place. But by not making a particular form of discrimination salient in the wording of the question, the SEJAS data may be underestimating racial discrimination in the country. Respondents in the South African Social Attitudes Survey (SASAS) series were asked how often they felt personally racially discriminated against. In 2018 almost a third (30%) of the adult public said that they felt racially discriminated against sometimes and 15% said that they were discriminated against often or always.
It is clear from this dataset that racism and racial intolerance remain a central problem in South Africa, affecting millions of people.
Interracial distrust remains a distinct feature of everyday life. A significant portion (23%) of the adult population reported hostile interracial contact. More than a quarter (26%) of the adult public said that they did not trust racial others at all. A majority feel threatened by other race groups. A clear majority saw racial others as a threat to their economic, political and cultural position in society. It is clear that a sizeable segment of the population feel that they are victims of racism. Summarising the point that a majority of South Africans feel victimised for their race, no matter their race.
Women remain a vulnerable group in South African society, and the government has committed to fighting gender-based discrimination. The vast majority of Black African women feel that the authorities are delivering on this mandate. But many continue to suffer discrimination. About an eighth (12%) of the adult female population, according to Afrobarometer data, in South Africa said that they had recently experienced gender-based discrimination with 5% indicating that this had occurred several or many times. Gender-based discrimination needs to be understood within the broader context of gender-based violence.
White farmers in South Africa
23.4.In its most recent report on Human Rights Practices in South Africa in 2021, the United States Department of State noted that some advocacy groups had asserted that white farmers were racially targeted for burglaries, home invasions, and killings, whilst many observers attributed the incidents to the country’s high and growing crime rate.[19]
23.5.A 2020 New York Times article reporting on farm killings, noted that tension is particularly high in rural farming areas where white people still own a vast majority of the farms and black people still serve as their often impoverished laborers.
23.6.A 2017 government survey found that white farmers control nearly 70 percent of farms held by individual owners in South Africa. Groups representing white farmers accuse the South African government of deliberately failing to protect them, but critics saw this as a deeply distorted narrative promoted by the white beneficiaries of apartheid to drum up international sympathy. They point out that violent crime is common in South Africa and the vast majority of the victims are black. It noted, of 21,325 murder victims in 2019, 49 were white farmers — accounting for much less than 1 percent of the country’s total, according to police statistics. White South Africans make up about 9 percent of the country’s 58 million citizens.[20]
23.7.Gareth Newham at the Institute for Security Studies, one of South Africa’s authorities on crime statistics, said there was no evidence to support the notion that white farmers were targeted more than anyone else in the country. The highest estimates of farm murders stand at 133 per 100,000 people, and that includes both black and white murder victims. Newham said crime rates in general were going up, and the trend was not specific to white farmers.[21]
23.8.A 2018 BBC article noted that right-wing groups had spread the myth of a white genocide abroad but there is no genocide but there is genuine fear of physical attack and dispossession.[22]
23.9.A 2019 article by the Pulitzer Center stated that there is an element of racial vitriol to some murders of white farmers and noted the attacks are often elaborately and senselessly violent. But it also stated that farmers are only one of a broad host of people in South Africa who are at a high risk of being murdered—night-shift workers and Uber drivers, for example, are in greater statistical danger. It stated in 2018, in a country where almost 20,000 people were slain, most of them black, there were only 62 farm murders, according to government statistics. It notes, according to one of the country's largest agricultural associations, murders of farmers are at a 20-year low. And not all of the victims are white.[23]
[19] '2021 Country Reports on Human Rights Practices: South Africa', United States Department of State, 12 April 2022
[20] 'Killing of White Farmer Becomes a Flash Point in South Africa', New York Times, The, 16 October 2020
[21] 'South Africa criticises Australian plan to fast-track white farmer visas', Guardian, The, 15 March 2018
[22] 'South Africa's 'toxic' race relations', BBC News, 18 December 2018
[23] 'The Myth of White Genocide', Harpers, 15 February 2019
Broad-Based Black Economic Empowerment
23.10.The South African Parliament enacted equality legislation to redress the imbalances caused by apartheid in South Africa. The Broad-Based Black Economic Empowerment Act 53 of 2003 (‘B-BBEEA’) is the legislative framework which governs black economic empowerment (‘BEE’) and is a series of affirmative action policies that benefit the black population.[24] In its most recent ‘2022 Country Report South Africa', the independent foundation, Bertelsmann Stiftung recently commented that initiatives like Broad-based Black Economic Empowerment (BBBEE), have only benefited a small minority of black South Africans and the structure of the economy remains exclusionary, although racial exclusion is being replaced by class-based exclusion.[25]
[24] Jeannine van de Rheede, ‘The Broad-Based Black Economic Empowerment Act 53 of 2003 and the ways in which the commission of fronting practices affects the achievement of its objective’, African Journal of Democracy & Governance / Revue africaine de la démocratie & de la Gouvernance, Vol. 7, No 1, 2020, available at 'BTI 2022 Country Report South Africa', Bertelsmann Stiftung, 23 February 2022
[25] 'BTI 2022 Country Report South Africa', Bertelsmann Stiftung, 23 February 2022
23.11.In its 2020-21 annual report, the Commission for Employment Equity cited data on discrimination by ethnicity, gender, age, and disability in all sectors of the economy. The report highlighted the dominance of the White and Indian population groups at Top and Senior Management levels (while remaining under-represented at the Semi-Skilled and Unskilled Occupational Levels) and that this continues to follow the patterns created by apartheid policies. It is also noted that the White and Indian females also continue to dominate the top two tiers of management. Thus, in terms of race and gender intersectionality, African and Coloured females continue to bear the brunt of discrimination.[26] In a 2016 report of the South African Commission Human Rights Commission on their National Hearing on Unfair Discrimination in the Workplace, it noted an analysis of the submissions received together with the complaints statistics of the Commission reflected that black individuals continued to face high levels of harassment, and differential or undignified treatment, both in the workplace and in society in general.[27]
[26] '21st Commission for Employment Equity Annual Report 2020-2021', Commission for Employment Equity (South Africa), 5 July 2021, available at
[27] ‘Report of the South African Human Rights Commission: National hearing on Unfair Discrimination in the Workplace 8 March 2016; 25 April 2016’, South African Human Rights Commission, (undated), available at
23.12.Statistics reveal that between 2003 and 2018 saw a decline in the percentage of white people occupying positions at the levels of both top management and senior management and on the professionally qualified and skilled technical and professional levels. The percentage of African people at both the levels of top management and senior management and skilled technical level had increased; however, they remain under-represented and there has not been a substantial improvement at the professional and skilled technical levels.[28] Some enterprises have also been accused of contravening the B-BBEEA deliberately by misrepresenting facts about the extent of their compliance. [29]
One article noted that the policy is not working as intended. It has not been effectively monitored to ensure compliance, the government itself has not enforced the policy in state contracts, there has been a lack of commitment from employers and many instances of a few people benefitting while the large majority remain without work.[30]
23.13.A 2016 ABC News (Australia) article reported that white South Africans say it has become harder for them to get a job because of a black economic empowerment policy aimed at helping to rectify past apartheid wrongs. Danie Brink, the chief executive of an Afrikaner aid organisation called Solidarity, Helping Hand, said affirmative action was "driving our people out of positions. "[It] prevents our people Afrikaners, white people specifically to get into jobs, specifically in the public sector," Mr Brink said. In response, South Africa's Institute for Race Relations said while white poverty levels have increased, they still pale in comparison to black poverty levels.[31]
23.14.In 2018 it was reported that South Africa’s mainly white Solidarity union planned a strike at petrochemicals firm Sasol over a share ownership scheme offered exclusively to black staff.[32] In the 2018 Immigration Board of Canada report, according to John Campbell, who is the Ralph Bunche Senior Fellow for Africa policy studies at the Council on Foreign Relations (CFR) in Washington, there are complaints from some white South Africans that various black economic empowerment programs make it difficult to access employment. According to the AfriForum representative, " [a] policy of affirmative action is applied in South Africa that [does not have a] sunset clause. As a result, white South Africans are often not even considered for positions, whether they have the necessary skills, qualifications and experience, or not".[33]
23.15.In 2022 it was reported that AfriForum’s campaign officer for strategy and content, posted on Twitter, accusing “big” corporations and the government of discriminating against him based on the colour of his skin. The tweet report further ignited the debate around BEE, race in the workplace, racism and white privilege.[34]
23.16.A 2019 article by News24 (South Africa) reported on the reasons why so many young South Africans were leaving the country and referred to unemployment as one factor but also that young white South Africans were equally discouraged by the BBEEE regulations that in many cases explicitly bar them from being eligible for a position.[35]
23.17.Other reliable recent sources also report that the legacy of apartheid continues to segregate the population and restrict non-white opportunity for employment and education.[36] Bertelsmann Stiftung stated the economy is marked by the legacies of apartheid and racial discrimination, with black South Africans most likely to be poor and unemployed and white South Africans experiencing low levels of poverty and unemployment. It noted the post-apartheid state has reformed several aspects of the labour market, but the economy remains exclusionary not by race but by class. An individuals’ level of education is the best predictor of future income and the vast majority of children do not finish their secondary schooling, let alone complete tertiary education. Although there are more black graduates each year, they are still a demographic minority and white and Indian people are over-represented in skilled, well-remunerated jobs. White South Africans are overrepresented and tend to occupy many of the senior positions, especially in the private sector.[37] A 2022 media article reported that most of the complaints received by the SA Human Rights Commission (SAHRC) over the past year were race-related and that the majority of complaints were related to allegations of racial discrimination against black South Africans.[38]
23.18.Sources cited in the previously cited 2018 Immigration and Refugee Board of Canada report also indicate that white South Africans are in a privileged position in South African society. It noted sources indicate that white South Africans do not face any specific challenges or threats in society, "for example, in terms of access to employment, education, health or housing". The AfriForum (which represents the interests of Afrikaners)[39] representative indicated, however, that Afrikaans language rights and education are "under attack," as language policies are being changed, for example, at universities, to exclude the use of Afrikaans.[40]
23.19.In 2021, it was reported that data analysed by the Institute for Security Studies shows that police performance has been steadily deteriorating, including when it comes to serious offences such as murder and armed robbery.[41] In 2021 the International Crisis Group noted that patronage networks and political interference crippled the security sector, notably the police and secret service, compromising the state’s ability to uphold the rule of law and prevent crime. [42]
23.20.Analysis by the Institute for Security Studies, in 2021, noted that crime and violence levels in South Africa are again rising. It noted these increases are probably the consequence of a combination of factors such as socio-economic deterioration, urbanisation, increased inequality, declining police performance and high levels of police corruption. A main driver of murder in many areas is the availability of illegal firearms, which is often interlinked with organised crime networks. It noted the police’s ability to solve murders has declined by 38% since 2011/12, with the result that in 2019/20, detectives were only able to solve 19 out of every 100 murders. The police’s crime intelligence capability has also declined, decimated by years of factional battles, political interference, corruption and weak police leadership. It stated this means it can probably anticipate ongoing increases in murder and robbery in the short to medium term.[43]
[28] Jeannine van de Rheede, ‘The Broad-Based Black Economic Empowerment Act 53 of 2003 and the ways in which the commission of fronting practices affects the achievement of its objective’, African Journal of Democracy & Governance / Revue africaine de la démocratie & de la Gouvernance, Vol. 7, No 1, 2020, available at
[29] Jeannine van de Rheede, ‘The Broad-Based Black Economic Empowerment Act 53 of 2003 and the ways in which the commission of fronting practices affects the achievement of its objective’, African Journal of Democracy & Governance / Revue africaine de la démocratie & de la Gouvernance, Vol. 7, No 1, 2020, available at ‘No, BEE is not racist. But it does need some work’, The South African, 24 June 2020, available at
[31] ‘White South Africans complain affirmative action policy is causing them to face discrimination’, ABC News (Australia), 1 August 2016 available at
[32] ‘White workers at South Africa's Sasol to strike over race exclusion share scheme’, Africa News, 2 September 2018, available at
[33] 'ZAF106171.E South Africa: Situation of white South Africans, including treatment by government and society; state protection available to white South African victims of violence; information on the white South African community, as well as political and/o', Canadian IRB: Immigration and Refugee Board of Canada, 21 September 2018
[34] ‘‘I am being discriminated against by big corporations on the basis of my skin colour’’, Independent Online (South Africa), 17 October 2022, available at
[35] ‘ANALYSIS: Young people are leaving SA. Here's why’, News24 (South Africa), 28 April 2019, available at
[36] 'Freedom in the World 2022 - South Africa', Freedom House, 28 February 2022; 'Why are South African cities still so segregated 25 years after apartheid?', The Guardian, 21 October 2019
[37] 'BTI 2022 Country Report South Africa', Bertelsmann Stiftung, 23 February 2022
[38] ‘Racism in South Africa: why the ANC has failed to dismantle patterns of white privilege’, The Conversation, 4 August 2022, available at
[39] ‘About Us’, AfriForum, (undated), available at
[40] 'ZAF106171.E South Africa: Situation of white South Africans, including treatment by government and society; state protection available to white South African victims of violence; information on the white South African community, as well as political and/o', Canadian IRB: Immigration and Refugee Board of Canada, 21 September 2018
[41] 'More public order police is no easy answer for South Africa', Institute for Security Studies, 05 August 2021
[42] 'Riots reveal South Africa's enduring rifts', Pauline Bax, International Crisis Group (ICG), 23 July 2021
[43] 'South Africa needs a murder reduction strategy', Institute for Security Studies, 14 June 2021
South African economy

The World Bank last updated its overview of the state of the South African economy on 6 October 2022, in part as follows:
24.1.The South African economy continues to recover from the effects of the COVID-19 pandemic, albeit more slowly than expected, with growth estimated at 1.9% in 2022. Employment growth picked up in the first half of 2022, but the labour market situation remains challenging. Poverty has reached levels not seen for more than a decade, while inflation has increased to a 13-year high. The outlook is clouded with risks, and sustained reforms and investments are required to support better growth outcomes and poverty reduction.
24.2.South Africa has taken considerable strides to improve the wellbeing of its citizens since its transition to democracy in the mid-1990s, but progress has stagnated in the last decade. The percentage of the population living below the upper-middle-income-country poverty line fell from 68% to 56% between 2005 and 2010 but has since trended slightly upwards, to 57% in 2015, and is projected to have reached 60% in 2020.
24.3.Structural challenges and weak growth have undermined progress in reducing poverty, heightened by the COVID-19 pandemic. The achievement of progress in household welfare is severely constrained by rising unemployment, which reached an unprecedented 35.3% in the fourth quarter of 2021. The unemployment rate is highest among youths aged between 15 and 24, at around 66.5%.
24.4.South Africa remains a dual economy with one of the highest and most persistent inequality rates in the world, with a consumption expenditure Gini coefficient of 0.67 in 2018.High inequality is perpetuated by a legacy of exclusion and the nature of economic growth, which is not pro-poor and does not generate sufficient jobs. Inequality in wealth is even higher, and intergenerational mobility is low, meaning inequalities are passed down from generation to generation with little change over time.
CONSIDERATION OF CLAIMS AND EVIDENCE
The Tribunal considers the main applicant and his wife gave credible accounts of their lived experience in South Africa, in their written and oral evidence. The Tribunal accepts these accounts.
The Tribunal accepts the main applicant fears that if he returns to South Africa he will be a target of violence, crime and employment discrimination because he is white.
The central question for the Tribunal to determine is whether the main applicant’s fears are well-founded under the law.
The Guide to Refugee Law in Australia (last updated February 2022) provides at page 3-5 that:
For a fear to be well-founded, there must be a factual or objective basis for that fear.[44] Thus, ‘a well-founded fear’ requires an objective examination of the facts to determine whether the fear is justified.[45]
Assessment of the objective element will usually involve consideration of general information about conditions in an applicant’s country, as well as an assessment of the applicant’s own claims in light of any material provided in support of such claims.
[44] Chan v MIEA (1989) 169 CLR 379 at 412, 396, 406, 429. As Dawson J stated at 396, ‘Whilst there must be a fear of being persecuted, it must not all be in the mind; there must be a sufficient foundation for that fear’.
[45] Chan v MIEA (1989) 169 CLR 379 at 429.
The Guide to Refugee Law in Australia provides at page 3-7 that:
There is no requirement that an applicant be particularly at risk of persecution above others who are also at risk, only that there can be said to be a real chance of the applicant being persecuted.[46]
[46] Ponnundurai v MIMA [2000] FCA 91 at [12], cited with approval by Heydon J in SZQDG v The Honourable Nick Nicholls, Federal Magistrate & MIAC [2012] HCATrans 96.
The Guide to Refugee Law in Australia provides at pages 3-14 to 3-15 that:
While it is clearly permissible to assess whether an applicant’s fear is well-founded by reference to general information about people in a similar position to the applicant,[47] great care is needed in doing so. When considering how persons like the applicant have been or are being treated, the critical question is ‘how similar are the cases that are being compared’.[48] In Appellant S395/2002 v MIMA, McHugh & Kirby JJ explained that:
It is a mistake to assume that because members of a group are or are not persecuted, and the applicant is a member of that group, the applicant will or will not be persecuted. The central question is always whether this individual applicant has a "well-founded fear of being persecuted for reasons of ... membership of a particular social group.[49]
Thus, while it will usually be necessary to classify an applicant or his or her claims for the purpose of identifying the Convention reason for which he or she may face persecution, it is important that the categorisation is according to a feature of the applicant that makes him or her distinguishable from other persons, and that the potential persecutors also make that distinction.[50]
In addition, where the evidence is that persons of a particular group ‘generally’ are or are not persecuted, it would be wrong to draw a conclusion about whether a particular applicant will be persecuted without paying close attention to the effect of the qualification provided by the word ‘generally’. The question is whether there is anything in the applicant’s circumstances to take him or her outside the ‘general’ situation.[51]
While the decision maker may consider evidence relating to a group of which the applicant is a member, the decision maker’s factual inquiry should always be by reference to the applicant’s individual circumstances.[52] In assessing the real chance of harm, it will not be adequate to simply conduct a numerical analysis of the risk of harm without consideration of the applicant’s particular circumstances.[53] While a statistical or computational approach may have some probative value, it is inappropriate to confine the evaluative process on assessing ‘real chance’ to only such a data set or quantitative analysis.[54] Similarly, confining the evaluative process to a comparative analysis will also not suffice.[55]
[47]    See Applicant NABD of 2002 v MIMIA [2005] FCA 29 at [8].
[48]    Appellant S395/2002 v MIMIA; Appellant S396/2002 v MIMIA (2003) 216 CLR 473 at [75]; Applicant NABD of 2002 v MIMIA [2005] FCA 29 at [161].
[49]    Appellant S395/2002 v MIMA (2003) 216 CLR 473 at [58]. Similarly, in MIMA v S152/2003 (2004) 222 CLR 1, McHugh J explained at [82] that in determining whether an asylum seeker has a well-founded fear of persecution, the decision maker usually needs to know a good deal more than that other persons holding similar beliefs, opinions or membership of races, nationality or particular social groups have been persecuted. It will ordinarily be necessary to know whether the circumstances of those persons were similar in all material respects to those the asylum seeker is likely to face. Only then will the experience of other members of the relevant category throw light on whether there is a real chance that the asylum seeker will be persecuted.
[50]    Applicant NABD of 2002 v MIMIA [2005] FCA 29 at [35].
[51]    Applicant NABD of 2002 v MIMIA [2005] FCA 29 at [35].
[52] NBKT v MIMA [2006] 156 FCR 419 at [75]. However, it is not correct to say that there must be evidence pertaining to the applicant personally, as a particular applicant may face a real chance of persecution even though he or she has suffered no harm in the past: MZXQU v MIAC [2008] FMCA 15 at [47].
[53]    DZADQ v MIBP [2014] FCA 754 at [65]. Finding error in the Tribunal’s approach, the Court stated that it will not be adequate for a decision-maker to reason that although a significant number of a group will be harmed, because the group is numerous, the chances of any particular member of the group being harmed is not a real one. Note, however, that a statistical approach will not necessarily be erroneous where an applicant does not claim to be at particular risk based on his or her specific circumstances. In SZURA v MIBP [2015] FCCA 1539 at [26] and [29], the Court found no error in the Tribunal’s conclusion that attacks on Christians in Indonesia were not occurring on a scale and frequency that indicated the risk to the applicant was anything more than remote. It stated that there was a logical connection between the probability of an event occurring to a member of a group and both the size of the group and the frequency with which other members of the group had been harmed in the past, particularly where there was nothing to distinguish the applicant from other members of the group. Similarly, in SZTWQ v MIBP [2015] FCA 950, the Court found no error in the Tribunal making an assessment based on the population of Shia Muslims relative to the total population of Pakistan, where he made no claim to be at particular risk other than on the basis of claims which had been rejected.
[54]    MZAAD v MIBP [2015] FCA 1031 at [43], with reference to MIMA v S152/2003 (2004) 222 CLR 1 at [80] and DZADQ v MIBP [2014] FCA 754. In MZAAD the applicant argued that the Tribunal had erred by making a numerical calculation of risk based on the appellant’s having twice safely travelled on a road on which he claimed to fear harm, and his brother having travelled on that road over a longer period without incident. The Court rejected that argument, finding that the Tribunal considered other information and did not rely solely upon a statistical or qualitative analysis. Although considering ‘real risk’ for the purpose of s 36(2)(aa), the Court’s observations are equally applicable to ‘real chance’.
[55]    In CID15 v MIBP [2017] FCA 780 the Court held that Tribunal erred by adopting a relative, rather than an objective, approach in applying the real chance test by reasoning that the applicant could safely relocate to elsewhere in Pakistan where it was ‘relatively free’ from violence. See also SZVJE v MIBP [2016] FCCA 594 at [28]–[30] where the Court held the Tribunal erred when it reasoned that because the level of violence was less severe in Lahore compared to other parts of Pakistan, there was not a real chance of harm, rather than analysing the degree of risk in Lahore itself.
Country information
As set out in this decision record, there is considerable country information before the Tribunal, both provided by the applicants’ representative and sourced by the Tribunal.
The Tribunal notes the country information relating to the conduct of the ANC-led South African government, the investigations and consequences of the Zondo Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector, the implementation and funding of the Broad-Based Black Economic Empowerment legislation and programs, and the public rhetoric and actions of the Economic Freedom Fighters Party leadership.
The Tribunal does not consider that this country information can be relied upon as evidence of state-sponsored or enabled discrimination against and/or persecution of white South Africans either directly or through a systematic, intentional and targeted neglect by law enforcement authorities to protect white South Africans, or as evidence of white genocide. Rather, the country information points to widespread corruption within the South African government impacting the lives, livelihoods and wellbeing of all South Africans; equality measures designed to redress the imbalances caused by apartheid that have shown questionable real benefits to black South Africans; and hate speech directed towards white South Africans by leaders and followers of a non-ruling political party that affronts civilised values, but is nonetheless permissible in a democratic society.
The Tribunal also notes the range of country information that discusses and expresses opinions on whether white South Africans are the target of violence, crime and discrimination because of their race and colour.
The Tribunal considers that there are equally credible reports that, taking into account whole-of-country population figures and ethnicity breakdowns, white South Africans are not so targeted, and that, in particular instances having regard to the facts and circumstances, white South Africans have been or may have been so targeted.
The Tribunal does not consider it appropriate for the Tribunal in this case to reject one set of credible reports in favour of another, nor to conclude that a set of credible reports is definitive either way as to the issue of persecution of white people in South Africa.
The Tribunal acknowledges that issues regarding race and racially motivated violence, crime and discrimination in a country such as South Africa with a long history of racial division and conflict are complex, nuanced and changing. The Tribunal considers that these issues are best understood by taking into account a range of perspectives and assessing the lived experience of the particular individuals involved.
When assessing whether the main applicant’s fear is well-founded, the Tribunal must take great care in referencing general information about people in a similar position to the applicant. The Tribunal’s factual inquiry should always be by reference to the main applicant’s individual circumstances. The question is whether there is anything in the main applicant’s circumstances to take him outside the general situation.
Lived experience and fears of returning to South Africa
In considering whether there is anything in the main applicant’s circumstances to take him outside the general situation, the Tribunal must look at his lived experience in South Africa and the nature of his fears if he returns to South Africa.
The Tribunal notes the evidence of the main applicant and his wife of their lived experience in South Africa. In particular, the evidence of: the violent attack on the main applicant by two black men; the demotion the main applicant faced as a result of Black Economic Empowerment policies; the car break-in by a black offender; the break-in and attempted break-in of the family home by black offenders at two separate residential locations; the inability of law enforcement to provide adequate protection or recourse; the threatening Zulu demonstrations near the [District 1] farm estate and the associated fear of attack and fear for the safety of the children; a heightened and persistent sense of fear and vigilance; and the ongoing and increasing violence and crime rates experienced by the main applicant’s family members living in isolated rural areas necessitating significant private security and restricted movement to avoid harm.
The Tribunal considers it is reasonable that the main applicant felt harmed, distressed, and fearful for himself and his family as a result of his lived experience in South Africa.
The Tribunal notes however that these incidents have occurred over more than forty years of living in South Africa, in a context of increasing violence and crime across the country where black, white and coloured citizens are the victims, and feel victimised, and there is commonly no definitive evidence as to motivation, whether it be race, class, wealth, opportunistic or otherwise, and, in the main applicant’s circumstances, no definitive evidence that he was the target of serious harm and systemic and discriminatory conduct for being white.
The Tribunal therefore does not consider that there is anything in the main applicant’s lived experience in South Africa that take him outside the general situation experienced by the South African population as a whole.
The Tribunal further notes the main applicant’s evidence of his fears if he returns to South Africa. In particular, his evidence that, due to lack of resources and no welfare entitlements, he and his family would have to live with and get support from family members who live in isolated rural areas exposed to higher levels of violence, therefore necessitating significant private security and restricted movement to avoid harm. He says that he couldn’t get employment as a farm manager in a rural town because he would be seen as competing with black people and attacked for trying, without any police protection. He also says that if they didn’t live with family, they would have to live in a shelter, and he couldn’t get work in the city because of the Black Economic Empowerment policies.
The Tribunal considers it is reasonable for the main applicant to hold these fears given the widespread violence, crime, poverty and unemployment in South Africa and his past lived experience.
The Australian Government published travel advice for South Africa states: Exercise a high degree of caution due to the high level of serious crime. Crimes include murder, rape, assault, food and drink spiking, robbery and carjacking. Be particularly alert in major city centres and township areas, and when travelling after dark. Crimes in South Africa often involve the use of weapons. The Tribunal notes however there is no reference in the travel advice to racially motivated crime targeting white South Africans. The Tribunal further notes there is no definitive evidence in the broader country information that white farmers or white people in rural areas are targeted more than anyone else in the country. Rather, it states that farm murders include black and white victims, and farmers are only one of a broad host of people in South Africa at high risk of being murdered; for example, night-shift workers and Uber drivers are in greater statistical danger. The Tribunal further notes that a majority of South Africans feel victimised for their race, no matter their race.
The World Bank reports increased poverty and inflation levels, high and rising unemployment, high inequality perpetuated by a legacy of exclusion and uneven economic growth across society entrenched from one generation to the next. The Tribunal notes however that there is no definitive evidence that white South Africans are experiencing higher levels of economic hardship or that the Black Economic Empowerment policies are other than equality measures designed to redress the imbalances caused by apartheid that have shown questionable real benefits to black South Africans.
The Tribunal considers that the main applicant and his wife have demonstrated the capacity for skilled employment over a period of twenty two years while living in South Africa. Their work ethic has continued in Australia and been role-modelled to their young adult sons who are undertaking trade and certificate qualifications. While the prevailing economic conditions in South Africa are challenging, the Tribunal considers that the main applicant is well equipped for employment, and any difficulties he faces in securing employment are likely to be faced by South Africans generally. Further, the Tribunal considers that the close family support available to the applicants will serve to assist the family as they re-settle in South Africa.
The Tribunal therefore does not consider there is anything in the main applicant’s fears of what he would experience if he returns to South Africa that take him outside the general situation experienced by the South African population as a whole.
Witness’s evidence
The Tribunal accepts that the witness has acquired considerable expertise and experience in [his business areas] in South Africa over more than thirty years.
The Tribunal accepts the witness’s evidence in relation to [farm] violence and crime more generally in South Africa, however the Tribunal does not accept that it is definitive evidence that the violence and crime experienced by white South Africans is racially motivated.
For the reasons provided earlier in this decision record, the Tribunal does not accept that the conduct of the ANC-led South African government, the matters the subject of investigation by the Zondo Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector, the implementation and funding of the Broad-Based Black Economic Empowerment legislation and programs, and the public rhetoric and actions of the Economic Freedom Fighters Party leadership are evidence of state-sponsored or enabled discrimination against and/or persecution of white South Africans either directly or through a systematic, intentional and targeted neglect by law enforcement authorities to protect white South Africans, or as evidence of white genocide.

The Tribunal considers that it is likely the main applicant and his family would need to put in place private security measures to protect themselves from the widespread violence and crime in South Africa, regardless of where they settled. The Tribunal does not consider however that these measures would be any greater than those in place among the South African population as a whole.
Other considerations
In considering the claims and evidence, the Tribunal has also taken account of:
54.1.The Department of Home Affairs ‘Refugee Law Guidelines’ and ‘Complementary Protection Guidelines’.
54.2.The Tribunal’s Migration and Refugee Division Guidelines on the Assessment of Credibility.
Findings of fact
Based on the consideration of claims and evidence and supporting material set out above, and taking into account the country information and other considerations, the Tribunal finds that:
55.1.The main applicant is a citizen of South Africa.
55.2.The secondary applicants are citizens of South Africa and members of the same family unit as the main applicant.
55.3.The main applicant genuinely fears returning to South Africa.
55.4.Based on his past lived experience and the prevailing conditions in South Africa, the main applicant fears widespread violence, crime, poverty and unemployment in South Africa if he returns.
55.5.The main applicant’s fears are not of systematic and discriminatory conduct or treatment directed at him and serious harm, including significant physical harassment or ill-treatment and significant economic hardship for the reason that he is a white South African or a white South African in a rural area, and therefore do not amount to fears of persecution.
55.6.There is not a real chance the main applicant would be persecuted in South Africa for any of the Convention reasons.
55.7.There are no grounds for believing that, as a necessary or foreseeable consequence of the main applicant’s return to South Africa, there is a real risk the main applicant will suffer arbitrary deprivation of life, the death penalty, torture, cruel or inhuman conduct or degrading treatment or punishment.
Application of law
The issue in this case is whether the applicant meets the refugee criterion, and if not, whether he is entitled to complementary protection. Attachment A sets out the applicable law.
Based on the findings of fact:
57.1.The main applicant is non-citizen in Australia.
57.2.The main applicant has no claims for protection under the refugee criterion or on complementary protection grounds set out in the applicable law.
57.3.If the applicant is returned to South Africa, there is no real chance that he would be persecuted, and accordingly the applicant does not have a ‘well-founded fear of persecution’ as required by s 5H(1)(a) of the Act and as defined in s 5J(1) of the Act.
57.4.There do not exist substantial grounds for believing that as a necessary and foreseeable consequence of the main applicant being removed from Australia to South Africa there is a real risk the main applicant will suffer significant harm.
CONCLUSIONS
The Tribunal is not satisfied that the main applicant is a person in respect of whom Australia has protection obligations under s 36(2)(a) of the Act.
Having concluded that the main applicant does not meet the refugee criterion in s 36(2)(a) of the Act, the Tribunal has considered the alternative criterion in s 36(2)(aa) of the Act. The Tribunal is not satisfied that the main applicant is a person in respect of whom Australia has protection obligations under s 36(2)(aa) of the Act.
Having concluded that the main applicant does not satisfy the criteria in s 36(2)(a) or (aa) of the Act, accordingly, the secondary applicants do not satisfy the criterion in s 36(2)(b) or (c) of the Act.
There is no evidence before the Tribunal that suggests that the main applicant satisfies s 36(2)(b) or (c) of the Act on the basis of being a member of the same family unit as a person who satisfies s 36(2)(a) or (aa) of the Act and who holds a protection visa. Accordingly, the applicant does not satisfy the criterion in s 36(2)(b) or (c) of the Act.
decision
The Tribunal affirms the decision not to grant the main applicant a protection visa.
The Tribunal affirms the decision not to grant the secondary applicants a protection visa.
Kate Chapple
Member

ATTACHMENT A
Summary of applicable law
The criteria for a protection visa are set out in s 36 of the Migration Act 1958 (Cth) and Schedule 2 to the Migration Regulations 1994 (Cth) (the Regulations). An applicant for the visa must meet one of the alternative criteria in s 36(2)(a), (aa), (b), or (c). That is, he or she is either a person in respect of whom Australia has protection obligations under the ‘refugee’ criterion, or on other ‘complementary protection’ grounds, or is a member of the same family unit as such a person and that person holds a protection visa of the same class.
Section 36(2)(a) provides that a criterion for a protection visa is that the applicant for the visa is a non-citizen in Australia in respect of whom the Minister is satisfied Australia has protection obligations because the person is a refugee.
A person is a refugee if, in the case of a person who has a nationality, they are outside the country of their nationality and, owing to a well-founded fear of persecution, are unable or unwilling to avail themselves of the protection of that country: s 5H(1)(a). In the case of a person without a nationality, they are a refugee if they are outside the country of their former habitual residence and, owing to a well-founded fear of persecution, are unable or unwilling to return to that country: s 5H(1)(b).
Under s 5J(1), a person has a well-founded fear of persecution if they fear being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, there is a real chance they would be persecuted for one or more of those reasons, and the real chance of persecution relates to all areas of the relevant country. Additional requirements relating to a ‘well-founded fear of persecution’ and circumstances in which a person will be taken not to have such a fear are set out in ss 5J(2)-(6) and ss 5K-LA.
If a person is found not to meet the refugee criterion in s 36(2)(a), he or she may nevertheless meet the criteria for the grant of the visa if he or she is a non-citizen in Australia in respect of whom the Minister is satisfied Australia has protection obligations because the Minister has substantial grounds for believing that, as a necessary and foreseeable consequence of being removed from Australia to a receiving country, there is a real risk that he or she will suffer significant harm: s 36(2)(aa) (‘the complementary protection criterion’). The meaning of significant harm, and the circumstances in which a person will be taken not to face a real risk of significant harm, are set out in ss 36(2A) and (2B).
Relevant extracts from Migration Act 1958
5 (1) Interpretation
cruel or inhuman treatment or punishment means an act or omission by which:
(a)     severe pain or suffering, whether physical or mental, is intentionally inflicted on a person; or
(b)     pain or suffering, whether physical or mental, is intentionally inflicted on a person so long as, in all the circumstances, the act or omission could reasonably be regarded as cruel or inhuman in nature;
but does not include an act or omission:
(c)     that is not inconsistent with Article 7 of the Covenant; or
(d)     arising only from, inherent in or incidental to, lawful sanctions that are not inconsistent with the Articles of the Covenant.
degrading treatment or punishment means an act or omission that causes, and is intended to cause, extreme humiliation which is unreasonable, but does not include an act or omission:
(a)     that is not inconsistent with Article 7 of the Covenant; or
(b)     that causes, and is intended to cause, extreme humiliation arising only from, inherent in or incidental to, lawful sanctions that are not inconsistent with the Articles of the Covenant.
torture means an act or omission by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person:
(a)     for the purpose of obtaining from the person or from a third person information or a confession; or
(b)     for the purpose of punishing the person for an act which that person or a third person has committed or is suspected of having committed; or
(c)     for the purpose of intimidating or coercing the person or a third person; or
(d)     for a purpose related to a purpose mentioned in paragraph (a), (b) or (c); or
(e)     for any reason based on discrimination that is inconsistent with the Articles of the Covenant;
but does not include an act or omission arising only from, inherent in or incidental to, lawful sanctions that are not inconsistent with the Articles of the Covenant.
receiving country, in relation to a non-citizen, means:
(a)     a country of which the non-citizen is a national, to be determined solely by reference to the law of the relevant country; or
(b)     if the non-citizen has no country of nationality—a country of his or her former habitual residence, regardless of whether it would be possible to return the non-citizen to the country.
5H    Meaning of refugee
(1)For the purposes of the application of this Act and the regulations to a particular person in Australia, the person is a refugee if the person is:
(a)     in a case where the person has a nationality – is outside the country of his or her nationality and, owing to a well-founded fear of persecution, is unable or unwilling to avail himself or herself of the protection of that country; or
(b)     in a case where the person does not have a nationality – is outside the country of his or her former habitual residence and owing to a well-founded fear of persecution, is unable or unwilling to return to it.
Note:     For the meaning of well-founded fear of persecution, see section 5J.
5J     Meaning of well-founded fear of persecution
(1)For the purposes of the application of this Act and the regulations to a particular person, the person has a well-founded fear of persecution if:
(a)     the person fears being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion; and
(b)     there is a real chance that, if the person returned to the receiving country, the person would be persecuted for one or more of the reasons mentioned in paragraph (a); and
(c)     the real chance of persecution relates to all areas of a receiving country.
Note:     For membership of a particular social group, see sections 5K and 5L.
(2)A person does not have a well-founded fear of persecution if effective protection measures are available to the person in a receiving country.
Note:     For effective protection measures, see section 5LA.
(3)A person does not have a well-founded fear of persecution if the person could take reasonable steps to modify his or her behaviour so as to avoid a real chance of persecution in a receiving country, other than a modification that would:
(a)     conflict with a characteristic that is fundamental to the person’s identity or conscience; or
(b)     conceal an innate or immutable characteristic of the person; or
(c)     without limiting paragraph (a) or (b), require the person to do any of the following:
(i)alter his or her religious beliefs, including by renouncing a religious conversion, or conceal his or her true religious beliefs, or cease to be involved in the practice of his or her faith;
(ii)conceal his or her true race, ethnicity, nationality or country of origin;
(iii)alter his or her political beliefs or conceal his or her true political beliefs;
(iv)conceal a physical, psychological or intellectual disability;
(v)enter into or remain in a marriage to which that person is opposed, or accept the forced marriage of a child;
(vi)alter his or her sexual orientation or gender identity or conceal his or her true sexual orientation, gender identity or intersex status.
(4)If a person fears persecution for one or more of the reasons mentioned in paragraph (1)(a):
(a)     that reason must be the essential and significant reason, or those reasons must be the essential and significant reasons, for the persecution; and
(b)     the persecution must involve serious harm to the person; and
(c)     the persecution must involve systematic and discriminatory conduct.
(5)Without limiting what is serious harm for the purposes of paragraph (4)(b), the following are instances of serious harm for the purposes of that paragraph:
(a)     a threat to the person’s life or liberty;
(b)     significant physical harassment of the person;
(c)     significant physical ill‑treatment of the person;
(d)     significant economic hardship that threatens the person’s capacity to subsist;
(e)     denial of access to basic services, where the denial threatens the person’s capacity to subsist;
(f)     denial of capacity to earn a livelihood of any kind, where the denial threatens the person’s capacity to subsist.
(6)In determining whether the person has a well‑founded fear of persecution for one or more of the reasons mentioned in paragraph (1)(a), any conduct engaged in by the person in Australia is to be disregarded unless the person satisfies the Minister that the person engaged in the conduct otherwise than for the purpose of strengthening the person’s claim to be a refugee.
5K    Membership of a particular social group consisting of family
For the purposes of the application of this Act and the regulations to a particular person (the first person), in determining whether the first person has a well‑founded fear of persecution for the reason of membership of a particular social group that consists of the first person’s family:
(a)     disregard any fear of persecution, or any persecution, that any other member or former member (whether alive or dead) of the family has ever experienced, where the reason for the fear or persecution is not a reason mentioned in paragraph 5J(1)(a); and
(b)     disregard any fear of persecution, or any persecution, that:
(i)the first person has ever experienced; or
(ii)any other member or former member (whether alive or dead) of the family has ever experienced;
where it is reasonable to conclude that the fear or persecution would not exist if it were assumed that the fear or persecution mentioned in paragraph (a) had never existed.
Note:     Section 5G may be relevant for determining family relationships for the purposes of this section.
5L    Membership of a particular social group other than family
For the purposes of the application of this Act and the regulations to a particular person, the person is to be treated as a member of a particular social group (other than the person’s family) if:
(a)     a characteristic is shared by each member of the group; and
(b)     the person shares, or is perceived as sharing, the characteristic; and
(c)     any of the following apply:
(i)the characteristic is an innate or immutable characteristic;
(ii)the characteristic is so fundamental to a member’s identity or conscience, the member should not be forced to renounce it;
(iii)the characteristic distinguishes the group from society; and
(d)     the characteristic is not a fear of persecution.
5LA Effective protection measures
(1)For the purposes of the application of this Act and the regulations to a particular person, effective protection measures are available to the person in a receiving country if:
(a)     protection against persecution could be provided to the person by:
(i)the relevant State; or
(ii)a party or organisation, including an international organisation, that controls the relevant State or a substantial part of the territory of the relevant State; and
(b)     the relevant State, party or organisation mentioned in paragraph (a) is willing and able to offer such protection.
(2)A relevant State, party or organisation mentioned in paragraph (1)(a) is taken to be able to offer protection against persecution to a person if:
(a)     the person can access the protection; and
(b)     the protection is durable; and
(c)     in the case of protection provided by the relevant State—the protection consists of an appropriate criminal law, a reasonably effective police force and an impartial judicial system.
36     Protection visas – criteria provided for by this Act
(2)A criterion for a protection visa is that the applicant for the visa is:
(a)     a non-citizen in Australia in respect of whom the Minister is satisfied Australia has protection obligations because the person is a refugee; or
(aa) a non-citizen in Australia (other than a non-citizen mentioned in paragraph (a)) in respect of whom the Minister is satisfied Australia has protection obligations because the Minister has substantial grounds for believing that, as a necessary and foreseeable consequence of the non-citizen being removed from Australia to a receiving country, there is a real risk that the non-citizen will suffer significant harm; or
(b)     a non-citizen in Australia who is a member of the same family unit as a non-citizen who:
(i)is mentioned in paragraph (a); and
(ii)holds a protection visa of the same class as that applied for by the applicant; or
(c)     a non-citizen in Australia who is a member of the same family unit as a non-citizen who:
(i)is mentioned in paragraph (aa); and
(ii)holds a protection visa of the same class as that applied for by the applicant.
(2A)A non‑citizen will suffer significant harm if:
(a)     the non‑citizen will be arbitrarily deprived of his or her life; or
(b)     the death penalty will be carried out on the non‑citizen; or
(c)     the non‑citizen will be subjected to torture; or
(d)     the non‑citizen will be subjected to cruel or inhuman treatment or punishment; or
(e)     the non‑citizen will be subjected to degrading treatment or punishment.
(2B)However, there is taken not to be a real risk that a non‑citizen will suffer significant harm in a country if the Minister is satisfied that:
(a)     it would be reasonable for the non‑citizen to relocate to an area of the country where there would not be a real risk that the non‑citizen will suffer significant harm; or
(b)     the non‑citizen could obtain, from an authority of the country, protection such that there would not be a real risk that the non‑citizen will suffer significant harm; or
(c)     the real risk is one faced by the population of the country generally and is not faced by the non‑citizen personally.
ATTACHMENT B
Summary of country information provided by the applicant's representative

Attachments/Links Description

Letter from rep to AAT dated 15/11/2022 containing:

Tribunal submission
Submits that:

·     Persecution may be viewed as involving systematic and discriminatory conduct – ie acts of harm that are non-random, selective, premeditated and intentional

·     After PRA’s arrival in Australia, multiple public service utilities have been destroyed

·     The BBEEE has been corrupted and contaminated

·     Country information is flawed because it does not refer to corruption of government

·     The Zondo Commission references such corruption

·     Emphasis on the state capture of the State Security Agency and the Police and National Prosecuting Service

·     The effect of this state capture has meant that those living in rural/semi-rural settings who display material success can be blamed for breakdown of SA society and they are particularly vulnerable to deteriorating security situation – the capacity of the police is eroded by the State and the State are therefore responsible for the assaults and murders of this demographic, of which the PRA is part

Letter from rep dated 20/11/2022 containing: ·     Letter references attached stat decs and country information

·     Ismail Mamoniat – new deputy director of the National Treasury, said that State Capture corruption runs so deep in government that budgets are plundered before they’re able to be used for service delivery

·     Zondo commission reveals vast graft in SA – but this article cannot be viewed without a subscription

·     Zondo Commission details how state resources were plundered and almost every arm of the state was suffocated and left bankrupt by leaders of ANC

·     President Ramaphosa’s answering affidavit in the case of the Democratic Alliance vs the ANC and its deployment committee – re the practice of appointing loyalists to institutions

·     Article suggests that a complete overhaul of police leadership is needed after SA’s experience of State Capture

·     Release from President Ramaphosa about the Parliament’s response to the Zondo Commission

·     Article lists how State Capture occurred in SA, how it came undone, and briefly discusses the recommendations of the Zondo Commission

·     Article notes the release of final sections of report from Zondo Commission and lists some examples of corruption that was revealed in the investigation

·     Article notes that the commission did not order the prosecution of anyone – but provided recommendations for charges to be filed and further investigations to be conducted

·     Zondo Commission will not hand down findings on its investigation in the law and enforcement agencies because of more time was needed to investigate these agencies sufficiently

·     Allegations of political interference, bribery and protection by police of accused persons will remain untested following the finalisation of the Inquiry into State Capture – no recommendations were made on the evidence relating to law and enforcement agencies

·     Project at Birmingham University which will investigate the effect of the SA Revenue Service on state capture in its role as a central pillar of the country’s economy and finances

Letter to AAT containing submissions and articles dated 18 September 2019 containing:
·     PRA highlights 3 inaccuracies that were listed in the DHA refusal letter pertaining to:

o   PRA’s demotion

o   PRA’s service in [Agency 1]

o   SRAs retrenchment particular

ANC Certificate 213-6
·     Blocked – unable to view image

Affirmative Action legislation
·     Website link blocked but file contained printed legislation

·     Sections of Affirmative action legislation regarding duty of designated employers to implement affirmative action measures for people from designated groups

Government Gazette ·     Extracts from Employment Equity Amendment Act

[Source deleted.] ·     Companies under investigation by the BBBEE Commission for not adhering to BEE requirements – [Employer 2] – PRA’s initial 457 sponsor is one such company

·     Breakdown of SA economy due to BEE and investment being hindered due to BEE requirements

·     Blacklisting of construction companies due to BEE not being met

·     Statistics on SA by ethnic group

·     Letter on employment of whites

·     Whites excluded from job market

·     Whites excluded from job market

·     Article which discusses a High Court ruling which has had the effect of re-classifying Chinese South Africans as black/coloured – so that they can benefit from government affirmative action policies aimed at undoing the effects of apartheid – only first few sentences are visible without a WSJ membership

·     Details of social grants in SA, for which PRA claims they would not qualify

·     Lack of funding for white orphanage

·     Covid funding for blacks

·     Covid funding for blacks

·     Support for black industrialists

·     Removal of white CEO Eskom

·     Removal of white CEO Eskom

·     Video on racism affecting decisions made with Eskom

·     Video on the current state of Eskom

·     State of mortuary

·     EFF hate speech

·     EFF hate speech

·     Video showing discrimination against whites and an interview with President Ramaphosa denying occurrence of farm murders/land grabs

·     Expropriation Bill

·     Expropriation Bill

·     Expropriation Bill

·     Farm attacks 2022

·     Farm attack victims

·     Farm attack victims

·     Farm attack victims

·     Trends in farm murders and an analysis of arrests and prosecutions 2016-2021

·     Video of attempted hijacking – could not open

·     SA ranked 3^rd highest crime rate in the world 2022 statistics

·     SA ranked 1^st in the world for rape crimes

·     Population of SA by population group

-government-dear-sa ·     New bill – criticising government and its policies could classify you as a terrorist

VIDEO-2022-10-17-2 0-51-38.mp4 ·     Video on Minister benefits

BusinessTech South Africa’s white population continues to shrink ·     Article outlines that SA’s population is growing overall but the white population is declining

Document by Roz Potgeiter

10368389 containing:

(7) ZAF106171.E South Africa: Situation of white South Africans, including treatment by government and society; state protection available to white South African victims of violence; information on the white South African community, as well as political and/or rights groups – (2014-September 2018)’, Immigration and Refugee Board of Canada, 21 September 2018, OG690C1A333

·     PRA critical of impartiality of source on situation of white SAs which has been produced by a national body

(8) “CIA World Fact book - South Africa", CIA, 14 March 2016, CIS38A8012434
·     Critical of source’s authority about SA

·     Comparing Australia and SA’s past regarding White Australia policy and apartheid

YouTube     ·     White poverty and desperation increases in SA

·     Khoisan lady takes on Malema

·     Whites experience more racial discrimination than other groups

·     SAs rape children as cure for AIDS

·     Tourism minster’s BEE plan mocks democracy

·     Funds depleted from billionaire Johann Rupert’s assistance package and not a single white owned company received relief

·     The Democratic Alliance wants to challenge the government’s decision to follow BBBEE codes in allocating emergency relief for businesses affected by Covid

·     Many white and Indian doctors not allowed to practice in SA

·     Ramaphosa takes photo opportunities with black students but does not assist white SAs stuck in other countries

·     Secretary General calls white people foreigners

·     Secretary General – incitement and indoctrination

·     Hypocrisy of the ANC exposed

·     Former government worker guilty of hate speech

·     White poverty after apartheid

·     Top lawyer survives alleged hit at home

·     Katie Hopkins weighs in on SA white people and the assault on Western Values Excerpt.

·     Why does mainstream media ignore this?

·     How the response to black and white racism differs

·     SA returns to UN Security Council

South Africa says unemployment at highest level in a decade, Associated Press, 30 July 2019 ·     Article which lists that top management roles are oft-held by people of colour, not white people

“Calls for inequality to be tackled in South Africa as violent crime rises", Guardian (Unlimited) (UK), 01 October 2015, CXBD6A0DE14521

·     The effects of load-shedding of electricity

·     Soweto residents owe Eskom a total of R16 billion

·     Minister refuses to rule out water shedding in SA

·     About Cyriil Ramaphosa’s rise to prominence

“It had been 26 years since I’d seen South Africa. How it changed - and how it hadn’t." Washington Post The, 02 January 2014, CX1B9ECAB11501, Steve Mufson ·     Booing of SA President Jacob Zuma at Mandela memorial service

·     An account of black politics over the last decade

SA black middle class pegged at 3 million - Businesstech 24 October 2014 ·     Study describing the rapidly growing black middle class and dramatic decline in racial inequality

March 24, 2017
·     2017 article on the political crises that continually face SA

20190603163059 – South Africa 2019 Crime & Safety Report – US Department of State, 6 March 2019
Campbell stated that “the South African government is explicitly non-racial” – Campbell 30 Aug. 2018) ·     Campbell states that SA is explicitly non-racial

·     Table of the ethnic representation of the SA govt demographic

20190801100903 – South Africa says unemployment at highest level in a decade, Associated Press, 30 July 2019 20190801100903 – South Africa ·     Unemployment at highest level in a decade

·     Unemlpoyment reaches highest level in a decade at 29%

18th Commission for Employment Equity Annual Report 2017-2018’, Commission for Employment Equity, 2018, p.3, 20190605154100 ·     Country information indicates employment structure highly skewed along racial lines

report by the Commission for Employment Equity, John Kane-Berman – former Chief Executive Officer of South Africa Institute of Race Relations
·     Africans presently held 69% top management jobs in government

USA government offering incentives to keep whites out of jobs – SAPA 26 June 2014 ·     Public service managers being encouraged to keep whites out of jobs

Hardship deepens for South Africa’s Poor Whites - March 6, 2010. REUTERS/Finbarr O’Reilly
·     Hardship for SA whites

·     White poverty in SA

·     80 white squatter townships in the country where families live in poverty

‘ZAF106171.E South Africa: Situation of white South Africans, including treatment by government and society; state protection available to white South African victims of violence; information on the white South African community, as well as political and/or rights groups (2014-September 2018)’, Immigration and Refugee Board of Canada, 21 September 2018, OG690C1A333
·     Treatment of white SAs by government and society

"Wits v-c Adam Habib to be next SOAS director". Times Higher Education (THE). 18 February 2020. Retrieved 18 February 2020.
"Professor Adam Habib, SOAS University of London". Retrieved 19 February 2020.
"Adam Habib: personal details". Center for Civil Society. Archived from the original on 12 February 2008. Retrieved 18 November 2007.
"Adam Habib: Honorary Research Professors and Fellows". School of Development, University of KwaZulu-Natal. Archived from the original on 25 September 2006. Retrieved 18 November 2007.
Scott Baldauf (16 November 2004). "South African fights denial of U.S. visa". Christian Science Monitor. Retrieved 23 November 2007.
"Prof Adam Habib offered Wits VC post". The Times. 8 December 2012. Retrieved 10 December 2012.
HRSC Profile Archived 26 July 2011 at the Wayback Machine:
"US embassy probing SA academic's deportation". The Independent. 25 October 2006. Retrieved 18 November 2007.
"ACLU Rebukes U.S. Government for Failing to Act on Visa Request of South African Scholar". American Civil Liberties Union. 8 October 2007. Archived from the original on 12 November 2007. Retrieved 18 November 2007.

Adam Habib (25 September 2007). "Banned: Why a South African is Going to Court in the U.S." Huffington Post. Archived from the original on 21 November 2007. Retrieved 18 November 2007.
Neil MacFarquhar (15 November 2007). "Lawsuit over visa for Muslim academic". The New York Times. Retrieved 18 November 2007.
·     Vice chancellor of University of Witwatersrand, Adam Mahomed Habib – SA professor of political geography – barred from the USA for engaging in terrorist activities – this is submitted to counter the DHA’s reliance on the opinion of this academic

·     Racial division in SA

·     No fee schools in SA for black students, not white

‘18th Commission for Employment Equity Annual Report 2017-2018’, Commission for Employment Equity, 2018, p.3, 20190605154100

Statistics South Africa, QLFS 3^rd Quarter 2016 ·     National EAP by population group and gender

·     White SAs satisfy the criterion – why are they not eligible?

·     Sexual abuse used in SA jails

·     Rape of white inmate in jail

·     Other countries not prepared to assist white SAs

·     Tucker responds to backlash over SA report

Study by the Centre for The Study of Violence and Reconciliation (CSVR ·     Analysis of homicide rates reveals rates by ethinc groups

J Gie, Crime in Cape Town: 2001-2008, A brief analysis of reported Violent, Property and Drug related Crime in Cape Town, City of Cape Town, 2009.

·     White people were original owners of the land, not black people

FACTSHEET: South Africa’s crime statistics for 2017/18’, Africa Check, 11 September 2018, CXBB8A1DA36240; ‘South Africa: murders surge by more than 7% in a year’, The Guardian, 12 September 2018, CXBB8A1DA36247; ‘Accurate statistics are needed for the SA farm murder debate’, Institute for Security Studies, 11 December 2017, CXC90406620670 ·     Violent crime is a serious problem in SA

FACTSHEET: South Africa’s crime statistics for 2017/18’, Africa Check, 11 September 2018, CXBB8A1DA36240
·     According to a September 2018 Africa Check factsheet, there were 20,336 murders in South Africa between 1 April 2017 and 31 March 2018 – up from 19,016 murders the year before

·     The country’s murder rate also increased from 34.1 per 100,000 people to 35.8 – an average of 56 murders per day

‘South Africa: murders surge by more than 7% in a year’, The Guardian, 12 September 2018, CXBB8A1DA36247

·     This rise in the total number of murders is the biggest single increase since the end of apartheid and is part of a 17 percent rise in murder over the past five years

ZAF106171.E South Africa: Situation of white South Africans, including treatment by government and society; state protection available to white South African victims of violence; information on the white South African community, as well as political and/or rights groups (2014-September 2018)’, Immigration and Refugee Board of Canada, 21 September 2018, OG690C1A333

‘Accurate statistics are needed for the SA farm murder debate’, Institute for Security Studies, 11 December 2017, CXC90406620670
·     Poor areas are particularly affected by crime

‘Ramaphosa’s ‘killings of white farmers’ comment: What the president meant’, News24, 27 September 2018, CXBB8A1DA36246
·     Violent crime is pervasive in SA and affects every sector of society

‘ZAF106171.E South Africa: Situation of white South Africans, including treatment by government and society; state protection available to white South African victims of violence; information on the white South African community, as well as political and/or rights groups (2014-September 2018)’, Immigration and Refugee Board of Canada, 21 September 2018, OG690C1A333

·     There are no areas in SA that are dangerous for white SAs per se; there are areas in SA that are dangerous for everybody

·     CEO of SA Human Rights Commission is quoted as saying that white people experience less crime than other racial groups in SA

July 26, 2015

·     Minister of international relations and cooperation Lindiwe Sisulu calling it "unfortunate" and based on "false information”

·     Cyril Ramaphosa and Lindiwe Sisulu, another controversial character in the South African government and former member of the military wing of the ANC, Umkhonto we Sizwe.

·

·     11 Farm attacks and 3 murders in 100 hours | South Africa descending into chaos

LINKS MENTIONED IN THE VIDEO: SABC VIDEO:

AFRIFORUM ARTICLE:
·     7 farm attacks and 3 murders in 24 hours

·     Minority of farmers struggle for survival in SA

THE GUARDIAN ARTICLE
·     13 farm attacks over Easter weekend

·     During Covid-19 lockdown in South Africa, Nkosazana Dlamini Zuma, Minister of Cooperative Governance and Traditional Affairs, announced that the national command council had elected to ban the sale of cigarettes for the duration of the lockdown.

·     Indicators of racism from black majority to other minority groups in SA – Malema from the EFF sang a song at a political rally which said that Indians do not accept Africans as equals

‘Race, class and violent crime in South Africa: Dispelling the ‘Huntley thesis’’, SA Crime Quarterly No. 30, December 2009, p.36, 20190603161743 ·     Although all races and classes in SA are unduly affected by crime, black and poor people are disproportionately affected – these are the opinions of known leftist activists and journalists.

J Gie, Crime in Cape Town: 2001-2008, A brief analysis of reported Violent, Property and Drug related Crime in Cape Town, City of Cape Town, 2009. ·     Contending that the analysis of homicide rates was done in areas where no whites reside

South Africa 2019 Crime & Safety Report’, US Department of State, 6 March 2019, 20190603163059 ·     US Department of State Travel Advisory which describes the violence in SA

·     This proves these are no opportunistic

Safety and Security Challenges in Farming Communities’, South African Human Rights Commission, 27 November 2015, CISEC96CF110209, p.55

·     Some say, including a former commissioner of the South African Human Rights Commission, that black farmers are equally affected by farm violence and that race is not a primary motivating factor

‘Safety and Security Challenges in Farming Communities’, South African Human Rights Commission, 27 November 2015, CISEC96CF110209, p.55
·     Various interest groups and government bodies disagree about the extent of racial motivation for attacks. Some, including white farmer groups, claim that race is an important motivating factor, evidenced by lower rates of violence against black workers on white farms

·     Police in South Africa are viewed as often ineffective.

·     High rates of criminality in SA police service

·     Deterioriation in SA policing and troubles with implementing positive change

‘ZAF106171.E South Africa: Situation of white South Africans, including treatment by government and society; state protection available to white South African victims of violence; information on the white South African community, as well as political and/or rights groups (2014-September 2018)’, Immigration and Refugee Board of Canada, 21 September 2018, OG690C1A333

·     Discussion of state protection measures for white SA victims of crime

Country Policy and Information Note South Africa: Background information, including actors of protection and internal relocation, UK Home Office, 01 December 2017, OG6E7028871

·     Rape victims often eft without recourse or protection and police are often unsuited to dealing with victims of sexual violence

’FACTSHEET: South Africa’s crime statistics for 2017/18’, Africa Check, 11 September 2018, CXBB8A1DA36240; ‘South Africa: murders surge by more than 7% in a year’, The Guardian, 12 September 2018, CXBB8A1DA36247; ‘Accurate statistics are needed for the SA farm murder debate’, Institute for Security Studies, 11 December 2017, CXC90406620670
·     The general crime rate in SA in particularly high and safety precautions are commonplace amongst those who can afford to take them

Department of Immigration and Border Protection website on refugees ·     Why no split family provision for SA?

2016 statement by Zizi Kodwa, ANC National Spokesperson
·     Hate narratives from prominent Africans against white people

Velaphi Khumalo – employed by Department of Sport, Arts, Culture and Recreation ·     Hate narratives against white people – perpetrator was found guilty and given a warning and allowed to resume work at the department

Facebook post by Kenny Barrel Nkosi, ANC ward councillor ·     Hate post against whites

Esethu Hasane Media and Communication Manager for Dept of Sport and Recreation – tweet ·     Hate post against whites- no action taken

·     Hatred against whites – EFF chant anti-Boer songs

·     White farm murders in SA

'World Report 2020. Events of 2019', Human Rights Watch (HRW), 13 January 2020, 20200115082903, p.511
·     Report on issues in SAQ including xenophobic attacks on foreign nationals, disability rights, women’s rights, environmental issues and foreign policy

'Claims about ‘white genocide’ in South Africa unsupported', Africa Check, 16 November 2016, CX6A26A6E20529
·     No support for claims of white genocide in SA

Dr. Gregory H. Stanton, Founding President, Genocide Watch, 1405 Cola Drive, McLean, VA 22101
Home phone: 1-703-448-0222, Cell: 1-703-448-6665, [email protected], Skype: gregstanton ·     Email from founder of Genocide Watch supporting claims of white genocide in SA

The dangerous myth of 'white genocide' in South Africa, Justin Ward, Southern Poverty Law Center, 23 August 2018, CIS7B839419211, p.3
·     Acts of violence are common in the country with one of the highest murder rates in the world

Justin Ward -
·     Department of Immigration should not be using this journalist’s opinion

·     Department of Immigration should not utilise a reference from these individuals (Morri Seligman Dees Jr and Joseph J Levin Jr)

·     ANC official convicted of hate speech

·     SA’s EFF leader says there could be an unled revolution in SA

'International outrage about a “genocide” against white farmers in South Africa ignores the data', Quartz, 05 June 2018, CXBB8A1DA2920
·     SAs living on remote farms and away from law enforcement are vulnerable to the country’s high crime rate

·     Links placed in ‘Preparation’ stage of genocide stages – this stage is characterised by an indoctrination of the populace with fear of the victim group

Press Conference: Dr. Gregory Stanton on the Murder Rate in South Africa Pretoria, South Africa - December 6, 2014
·     Department of Immigration refers to claims about white genocide in SA

How Bell Pottinger, P.R. Firm for Despots and Rogues met its end in South Africa.   By David Segal Feb. 4, 2018

·     Public relations firm has driven racial tensions higher in SA

·     Disputing the proposition that white SAs are more heard on crime-related issues than black people because they have more access to the media

#CrimeStats: AfriForum slams farm murders stats - By Tebogo Monama     Sep 12, 2018
·     Farm murder statistics are misrepresented in SA

Gender-based violence on the rise in S. Africa - APA | Journal du Cameroun - June 19, 2018
·     Violence against women is a serious problem in SA

19 [file number] Applicant’s name withheld for confidentiality purposes, 16FEB1990-Other (specify)-house robbery
20 [file number] Applicant’s name withheld, 16FEB1990-Additional Protection Claims Information. [file number] Applicant’s name withheld, 16FEB1990-Additional Protection Claims Information. [file number] Applicant’s name withheld, 16FEB1990-Additional Protection Claims Information.
21 [file number] Applicant’s name withheld, 28NOV2012-Other (specify) - Name withheld, Witness letter.pdf
·     Applicant’s evidence in relation to crimes committed against her that SA police failed to investigate

·     Violence against women and children on the rise in SA

·     Police officers in SA with criminal records

The Way We Are: The judge, the opposition leader, the tax settlement and the mysterious break-ins - By Marianne Thamm 18 October 2016
EXCLUSIVE: Jansen house robbers wanted 'Malema file' | News24
·     Racism perpetrated by ANC officer bearers

South Africa officially gets junk status as Moody’s cuts - 28th March 2020 by Editor Prinesha Naidoo - Bloomberg
·     SA is continuing to deteriorate in fiscal strength and government debt has risen

·     The SA government declared the ANC a terrorist group

- South Africa: Situation of white South Africans, including treatment by government and society; state protection available to white South African victims of violence; information on the white South African community, as well as political and/or rights groups (2014-September 2018) [ZAF106171.E]
- South Africa: Situation of white South Africans, including treatment by government and society; state protection available to white South African victims of violence; information on any white South African community, political or rights groups (2010-May 2013)

·     John Kane-Berman – author of several books on SA politics

·     Article about transfer of white land ownership since 1992, equal to 21% of freehold land in SA

BL PREMIUM 23 JULY 2018 - WANDILE SIHLOBO AND TINASHE KAPUYA

·     Paper about land

The land question in South Africa: PART ONE - courtesy TLU SA - The Cape Colony following the arrival of Jan van Riebeeck

The land question in South Africa: PART TWO - courtesy TLU SA - The Great Trek with Werner Weber

The land question in South Africa: PART THREE - courtesy TLU SA - Negotiations in Natal over land

The land question in South Africa: PART FOUR - courtesy TLU SA - The question of land in Mpumalanga

The land question in South Africa: PART FIVE - courtesy TLU SA - The Free State

The land question in South Africa: PART SIX - courtesy TLU SA - The land issue - Stellaland and Goshen

The land question in South Africa: PART SEVEN - courtesy TLU SA - The land issue - Limpopo

The land question in South Africa: PART EIGHT - courtesy TLU SA - How to get the booklet on the land question

Who owns the Land PDF document - A Critique of the State Land Audit - courtesy of the South African Institute of Race Relations (attached)

·     Land claims in SA

·     Australian MPs were told that applications from white SA farmers would be considered for protection visas

Constitution of the Republic of South Africa, 1996 - Chapter 14: General provisions
235. Self-determination
· White SAs have been denied their right to self- determination under the Constitution

The ANC’s Freedom Charter - Adopted at the Congress of the People, Kliptown, South Africa, on 26 June 1955.
·     The declaration that all should be equal has never been practised or adhered to

Article written by Adrian Schrinner (then Deputy Mayor of Brisbane City Council, now Lord Mayor - sworn in on 08 April 2019) - Posted on 03 March 2014 titled - Why South Africa’s brain drain has been Queensland’s gain...

·     Contribution that SAs have made to Australia

·     Finance Minister for SA said that all companies affected by Covid should receive support regardless of the race of their owners


·     Military lockdown in SA

·     Open letter to Ministers Dlamini Zuma, Patel and Cele – regarding the poorest in SA

·     The pandemic tips the balance of forces in favour the ANC’s revolutionary economic agenda

·     Cape Town family says ‘Forced into police van’ after toddler ran to beach

·     The front page of yesterday's Rapport newspaper suggests the rocky road ahead for some minority groups in South Africa. 03 May 2020

·     I am required by law to apply BBB-EE quota on relief fund - Kubayi-Ngubane

·     Afriforum takes ruling on B-BBEE criteria for tourism relief fund to Constitutional Court

“If the case drags on, countless small white-owned businesses will go under, and the government will be complicit. Figuratively, it is economic murder of minorities,” Kriel said.
Hermann highlighted it was important to obtain legal certainty on the matter, saying as “this is an urgent crisis, we believe that the matter is urgent as well and     therefore we asked for access to the Constitutional Court for this matter".
Kriel also pointed out that it was important for members of minority groups to obtain clarity from the Constitutional Court on whether it is really the case that the “current constitutional dispensation in such a way undermines minorities rights, that even during times of crisis, whites may be discriminated against.”

·     COVID-19 Tourism Relief Fund: B-BBEE criteria validated by High Court

·     High Court in favour of tourism department using race as a criterion when providing Covid-19 relief

·     Tourism department erred in applying BBBEE Act, Afriforum tells Court

·     What's behind the cigarette ban?

·     Look at policemen taking things from foreign shopkeepers

·     Coronavirus: South Africa deploys 70,000 troops to enforce lockdown

South Africa could resemble a 'military state' - BBC News Johannesburg

·     International South African medical graduates – Outraged over arrival of Cuban doctors, brought in by the ANC

IRR 05 May 2020

·     Regulations on food parcels unconscionable, and open to corruption and mismanagement –

Email from applicant to DHA sent post-DHA interview 20/07/2018 [file number]

- Whites leaving South Africa due to politics, Crime, uncertainty for future for themselves and their children

Interview Brendon Liebenberg and Afriforum -
BEE policies

·     Videos discussing the situation in SA, the BBEEE status on work for whites, and tight security measures in place for safety reasons

·     Documentary detailing the plight of white people in SA having difficulty obtaining employment, and having to live in camps

·     Clips of land expropriation

·     Documentary about farm murders

·     Media report about violence against white people

Email from applicant to DHA dated 01/08/2018 with supporting information

·     Information to support the application

Email from applicant to DHA dated 10/12/2018

·     Information to support the application

Email from applicant to DHA dated 03/06/2019 [file number]

·     Links to murders and attacks in SA that support the application

Email from applicant to DHA dated 23/06/2019 [file number]

·     Information about attacks on white people and exclusion

Email from applicant to DHA and MP [Representative A] dated 05/08/2019 [file number]

·     Videos of rioting, looting and attacks on police

·     Videos of job losses and company closures

“White South Africans face genocide, ‘We are cutting the throat of whiteness’”, The Blaze.com/why ·     SA Parliament votes to allow the seizure of land from white farmers without compensation – motivated primarily by the leader of the Economic Freedom Fighters Party, Julius Malema

·     Investigations of police criminality in SA

29 May 2018 “Dodgy cops: 27 crime intelligence officers have criminal records” Times Live ·     27 crime intelligence police officers have criminal records

·     Peter Dutton’s comments come amid the SA parliamentary decision to allow seizure of land from white farmers without compensation

‘SA government offering incentives to keep whites out of jobs’, Business Tech, 26 June 2014
·     Public service managers are being encouraged to keep posts vacant rather than fill them with whites, an SA Institute of Race Relations (SAIRR) consultant says

Email from applicant to DHA dated 29/06/2019

The myth of affirmative action in employment and its discrimination against the white minority in SA, author unknown, PDF document

White South Africans complain affirmative action policy is causing them to face discrimination, Martin Cuddihy, updated 02/08/2016, ABC News ·     White SAs say it is harder to get a job because of the affirmative action policy called black economic empowerment

Persecuted South African minorities deserve Refugee Status, Springbok Relief, 23/06/2019
·     Racially motivated attacks and murders in urban and farming communities is alarming

·     Minorities exposed to discriminatory affirmative action, employment equity and Black Economic Empowerment legislation have had their ability to survive restricted

UNHCR, The 5 UN Refugee Criteria ·     Discussion of the criteria for refugee status

Black Economic Empowerment Alert, 4 April 2018, ‘Unpacking the fundamentals: Proposed changes to the BEE Codes ‘, Cliffe Dekker Hofmeyr ·     The Draft General Principles Statement read with the Draft Skills Development Statement proposes to make some of the most fundamental changes to the BEE Codes since 2013

‘We’re running out of whites’, 06 August 2017, ·     White South Africans have left the country in record numbers in the past three decades, and many more will leave In the next 5 years

‘All whites now finally excluded from the South African job market’, SeanBryson.com ·     The BBBEE Amendment Bill eliminates all white people, including the disabled

Attachments/Links	Description
Letter from rep to AAT dated 15/11/2022 containing:
Tribunal submission	Submits that: · Persecution may be viewed as involving systematic and discriminatory conduct – ie acts of harm that are non-random, selective, premeditated and intentional · After PRA’s arrival in Australia, multiple public service utilities have been destroyed · The BBEEE has been corrupted and contaminated · Country information is flawed because it does not refer to corruption of government · The Zondo Commission references such corruption · Emphasis on the state capture of the State Security Agency and the Police and National Prosecuting Service · The effect of this state capture has meant that those living in rural/semi-rural settings who display material success can be blamed for breakdown of SA society and they are particularly vulnerable to deteriorating security situation – the capacity of the police is eroded by the State and the State are therefore responsible for the assaults and murders of this demographic, of which the PRA is part
Letter from rep dated 20/11/2022 containing:	· Letter references attached stat decs and country information
	· Ismail Mamoniat – new deputy director of the National Treasury, said that State Capture corruption runs so deep in government that budgets are plundered before they’re able to be used for service delivery
	· Zondo commission reveals vast graft in SA – but this article cannot be viewed without a subscription
	· Zondo Commission details how state resources were plundered and almost every arm of the state was suffocated and left bankrupt by leaders of ANC
	· President Ramaphosa’s answering affidavit in the case of the Democratic Alliance vs the ANC and its deployment committee – re the practice of appointing loyalists to institutions
	· Article suggests that a complete overhaul of police leadership is needed after SA’s experience of State Capture
	· Release from President Ramaphosa about the Parliament’s response to the Zondo Commission
	· Article lists how State Capture occurred in SA, how it came undone, and briefly discusses the recommendations of the Zondo Commission
	· Article notes the release of final sections of report from Zondo Commission and lists some examples of corruption that was revealed in the investigation · Article notes that the commission did not order the prosecution of anyone – but provided recommendations for charges to be filed and further investigations to be conducted
	· Zondo Commission will not hand down findings on its investigation in the law and enforcement agencies because of more time was needed to investigate these agencies sufficiently
	· Allegations of political interference, bribery and protection by police of accused persons will remain untested following the finalisation of the Inquiry into State Capture – no recommendations were made on the evidence relating to law and enforcement agencies
	· Project at Birmingham University which will investigate the effect of the SA Revenue Service on state capture in its role as a central pillar of the country’s economy and finances
Letter to AAT containing submissions and articles dated 18 September 2019 containing:	· PRA highlights 3 inaccuracies that were listed in the DHA refusal letter pertaining to: o PRA’s demotion o PRA’s service in [Agency 1] o SRAs retrenchment particular
ANC Certificate 213-6	· Blocked – unable to view image
Affirmative Action legislation	· Website link blocked but file contained printed legislation · Sections of Affirmative action legislation regarding duty of designated employers to implement affirmative action measures for people from designated groups
Government Gazette	· Extracts from Employment Equity Amendment Act
[Source deleted.]	· Companies under investigation by the BBBEE Commission for not adhering to BEE requirements – [Employer 2] – PRA’s initial 457 sponsor is one such company
	· Breakdown of SA economy due to BEE and investment being hindered due to BEE requirements
	· Blacklisting of construction companies due to BEE not being met
	· Statistics on SA by ethnic group
	· Letter on employment of whites
	· Whites excluded from job market
	· Whites excluded from job market
	· Article which discusses a High Court ruling which has had the effect of re-classifying Chinese South Africans as black/coloured – so that they can benefit from government affirmative action policies aimed at undoing the effects of apartheid – only first few sentences are visible without a WSJ membership
	· Details of social grants in SA, for which PRA claims they would not qualify
	· Lack of funding for white orphanage
	· Covid funding for blacks
	· Covid funding for blacks
	· Support for black industrialists
	· Removal of white CEO Eskom
	· Removal of white CEO Eskom
	· Video on racism affecting decisions made with Eskom
	· Video on the current state of Eskom
	· State of mortuary
	· EFF hate speech
	· EFF hate speech
	· Video showing discrimination against whites and an interview with President Ramaphosa denying occurrence of farm murders/land grabs
	· Expropriation Bill
	· Expropriation Bill
	· Expropriation Bill
	· Farm attacks 2022
	· Farm attack victims
	· Farm attack victims
	· Farm attack victims
	· Trends in farm murders and an analysis of arrests and prosecutions 2016-2021
	· Video of attempted hijacking – could not open
	· SA ranked 3^rd highest crime rate in the world 2022 statistics
	· SA ranked 1^st in the world for rape crimes
	· Population of SA by population group
-government-dear-sa	· New bill – criticising government and its policies could classify you as a terrorist
VIDEO-2022-10-17-2 0-51-38.mp4	· Video on Minister benefits
BusinessTech South Africa’s white population continues to shrink	· Article outlines that SA’s population is growing overall but the white population is declining
Document by Roz Potgeiter 10368389 containing:
(7) ZAF106171.E South Africa: Situation of white South Africans, including treatment by government and society; state protection available to white South African victims of violence; information on the white South African community, as well as political and/or rights groups – (2014-September 2018)’, Immigration and Refugee Board of Canada, 21 September 2018, OG690C1A333	· PRA critical of impartiality of source on situation of white SAs which has been produced by a national body
(8) “CIA World Fact book - South Africa", CIA, 14 March 2016, CIS38A8012434	· Critical of source’s authority about SA
	· Comparing Australia and SA’s past regarding White Australia policy and apartheid
YouTube	· White poverty and desperation increases in SA
	· Khoisan lady takes on Malema
	· Whites experience more racial discrimination than other groups
	· SAs rape children as cure for AIDS
	· Tourism minster’s BEE plan mocks democracy
	· Funds depleted from billionaire Johann Rupert’s assistance package and not a single white owned company received relief
	· The Democratic Alliance wants to challenge the government’s decision to follow BBBEE codes in allocating emergency relief for businesses affected by Covid
	· Many white and Indian doctors not allowed to practice in SA
	· Ramaphosa takes photo opportunities with black students but does not assist white SAs stuck in other countries
	· Secretary General calls white people foreigners
	· Secretary General – incitement and indoctrination
	· Hypocrisy of the ANC exposed
	· Former government worker guilty of hate speech
	· White poverty after apartheid
	· Top lawyer survives alleged hit at home
	· Katie Hopkins weighs in on SA white people and the assault on Western Values Excerpt.
	· Why does mainstream media ignore this?
	· How the response to black and white racism differs
	· SA returns to UN Security Council
South Africa says unemployment at highest level in a decade, Associated Press, 30 July 2019	· Article which lists that top management roles are oft-held by people of colour, not white people
“Calls for inequality to be tackled in South Africa as violent crime rises", Guardian (Unlimited) (UK), 01 October 2015, CXBD6A0DE14521

	· The effects of load-shedding of electricity
	· Soweto residents owe Eskom a total of R16 billion
	· Minister refuses to rule out water shedding in SA
	· About Cyriil Ramaphosa’s rise to prominence
“It had been 26 years since I’d seen South Africa. How it changed - and how it hadn’t." Washington Post The, 02 January 2014, CX1B9ECAB11501, Steve Mufson	· Booing of SA President Jacob Zuma at Mandela memorial service
	· An account of black politics over the last decade
SA black middle class pegged at 3 million - Businesstech 24 October 2014	· Study describing the rapidly growing black middle class and dramatic decline in racial inequality
March 24, 2017	· 2017 article on the political crises that continually face SA
20190603163059 – South Africa 2019 Crime & Safety Report – US Department of State, 6 March 2019 Campbell stated that “the South African government is explicitly non-racial” – Campbell 30 Aug. 2018)	· Campbell states that SA is explicitly non-racial
	· Table of the ethnic representation of the SA govt demographic
20190801100903 – South Africa says unemployment at highest level in a decade, Associated Press, 30 July 2019 20190801100903 – South Africa	· Unemployment at highest level in a decade
	· Unemlpoyment reaches highest level in a decade at 29%
18th Commission for Employment Equity Annual Report 2017-2018’, Commission for Employment Equity, 2018, p.3, 20190605154100	· Country information indicates employment structure highly skewed along racial lines
report by the Commission for Employment Equity, John Kane-Berman – former Chief Executive Officer of South Africa Institute of Race Relations	· Africans presently held 69% top management jobs in government
USA government offering incentives to keep whites out of jobs – SAPA 26 June 2014	· Public service managers being encouraged to keep whites out of jobs
Hardship deepens for South Africa’s Poor Whites - March 6, 2010. REUTERS/Finbarr O’Reilly	· Hardship for SA whites
	· White poverty in SA
	· 80 white squatter townships in the country where families live in poverty
‘ZAF106171.E South Africa: Situation of white South Africans, including treatment by government and society; state protection available to white South African victims of violence; information on the white South African community, as well as political and/or rights groups (2014-September 2018)’, Immigration and Refugee Board of Canada, 21 September 2018, OG690C1A333	· Treatment of white SAs by government and society
"Wits v-c Adam Habib to be next SOAS director". Times Higher Education (THE). 18 February 2020. Retrieved 18 February 2020. "Professor Adam Habib, SOAS University of London". Retrieved 19 February 2020. "Adam Habib: personal details". Center for Civil Society. Archived from the original on 12 February 2008. Retrieved 18 November 2007. "Adam Habib: Honorary Research Professors and Fellows". School of Development, University of KwaZulu-Natal. Archived from the original on 25 September 2006. Retrieved 18 November 2007. Scott Baldauf (16 November 2004). "South African fights denial of U.S. visa". Christian Science Monitor. Retrieved 23 November 2007. "Prof Adam Habib offered Wits VC post". The Times. 8 December 2012. Retrieved 10 December 2012. HRSC Profile Archived 26 July 2011 at the Wayback Machine: "US embassy probing SA academic's deportation". The Independent. 25 October 2006. Retrieved 18 November 2007. "ACLU Rebukes U.S. Government for Failing to Act on Visa Request of South African Scholar". American Civil Liberties Union. 8 October 2007. Archived from the original on 12 November 2007. Retrieved 18 November 2007. Adam Habib (25 September 2007). "Banned: Why a South African is Going to Court in the U.S." Huffington Post. Archived from the original on 21 November 2007. Retrieved 18 November 2007. Neil MacFarquhar (15 November 2007). "Lawsuit over visa for Muslim academic". The New York Times. Retrieved 18 November 2007.	· Vice chancellor of University of Witwatersrand, Adam Mahomed Habib – SA professor of political geography – barred from the USA for engaging in terrorist activities – this is submitted to counter the DHA’s reliance on the opinion of this academic
	· Racial division in SA
	· No fee schools in SA for black students, not white
‘18th Commission for Employment Equity Annual Report 2017-2018’, Commission for Employment Equity, 2018, p.3, 20190605154100

Statistics South Africa, QLFS 3^rd Quarter 2016	· National EAP by population group and gender
	· White SAs satisfy the criterion – why are they not eligible?
	· Sexual abuse used in SA jails
	· Rape of white inmate in jail
	· Other countries not prepared to assist white SAs
	· Tucker responds to backlash over SA report
Study by the Centre for The Study of Violence and Reconciliation (CSVR	· Analysis of homicide rates reveals rates by ethinc groups
J Gie, Crime in Cape Town: 2001-2008, A brief analysis of reported Violent, Property and Drug related Crime in Cape Town, City of Cape Town, 2009.
	· White people were original owners of the land, not black people
FACTSHEET: South Africa’s crime statistics for 2017/18’, Africa Check, 11 September 2018, CXBB8A1DA36240; ‘South Africa: murders surge by more than 7% in a year’, The Guardian, 12 September 2018, CXBB8A1DA36247; ‘Accurate statistics are needed for the SA farm murder debate’, Institute for Security Studies, 11 December 2017, CXC90406620670	· Violent crime is a serious problem in SA
FACTSHEET: South Africa’s crime statistics for 2017/18’, Africa Check, 11 September 2018, CXBB8A1DA36240	· According to a September 2018 Africa Check factsheet, there were 20,336 murders in South Africa between 1 April 2017 and 31 March 2018 – up from 19,016 murders the year before · The country’s murder rate also increased from 34.1 per 100,000 people to 35.8 – an average of 56 murders per day
‘South Africa: murders surge by more than 7% in a year’, The Guardian, 12 September 2018, CXBB8A1DA36247	· This rise in the total number of murders is the biggest single increase since the end of apartheid and is part of a 17 percent rise in murder over the past five years
ZAF106171.E South Africa: Situation of white South Africans, including treatment by government and society; state protection available to white South African victims of violence; information on the white South African community, as well as political and/or rights groups (2014-September 2018)’, Immigration and Refugee Board of Canada, 21 September 2018, OG690C1A333
‘Accurate statistics are needed for the SA farm murder debate’, Institute for Security Studies, 11 December 2017, CXC90406620670	· Poor areas are particularly affected by crime
‘Ramaphosa’s ‘killings of white farmers’ comment: What the president meant’, News24, 27 September 2018, CXBB8A1DA36246	· Violent crime is pervasive in SA and affects every sector of society
‘ZAF106171.E South Africa: Situation of white South Africans, including treatment by government and society; state protection available to white South African victims of violence; information on the white South African community, as well as political and/or rights groups (2014-September 2018)’, Immigration and Refugee Board of Canada, 21 September 2018, OG690C1A333	· There are no areas in SA that are dangerous for white SAs per se; there are areas in SA that are dangerous for everybody · CEO of SA Human Rights Commission is quoted as saying that white people experience less crime than other racial groups in SA

July 26, 2015

	· Minister of international relations and cooperation Lindiwe Sisulu calling it "unfortunate" and based on "false information”
	· Cyril Ramaphosa and Lindiwe Sisulu, another controversial character in the South African government and former member of the military wing of the ANC, Umkhonto we Sizwe. ·
	· 11 Farm attacks and 3 murders in 100 hours \| South Africa descending into chaos
LINKS MENTIONED IN THE VIDEO: SABC VIDEO: AFRIFORUM ARTICLE:	· 7 farm attacks and 3 murders in 24 hours
	· Minority of farmers struggle for survival in SA
THE GUARDIAN ARTICLE	· 13 farm attacks over Easter weekend
	· During Covid-19 lockdown in South Africa, Nkosazana Dlamini Zuma, Minister of Cooperative Governance and Traditional Affairs, announced that the national command council had elected to ban the sale of cigarettes for the duration of the lockdown.
	· Indicators of racism from black majority to other minority groups in SA – Malema from the EFF sang a song at a political rally which said that Indians do not accept Africans as equals
‘Race, class and violent crime in South Africa: Dispelling the ‘Huntley thesis’’, SA Crime Quarterly No. 30, December 2009, p.36, 20190603161743	· Although all races and classes in SA are unduly affected by crime, black and poor people are disproportionately affected – these are the opinions of known leftist activists and journalists.
J Gie, Crime in Cape Town: 2001-2008, A brief analysis of reported Violent, Property and Drug related Crime in Cape Town, City of Cape Town, 2009.	· Contending that the analysis of homicide rates was done in areas where no whites reside
South Africa 2019 Crime & Safety Report’, US Department of State, 6 March 2019, 20190603163059	· US Department of State Travel Advisory which describes the violence in SA
	· This proves these are no opportunistic
Safety and Security Challenges in Farming Communities’, South African Human Rights Commission, 27 November 2015, CISEC96CF110209, p.55	· Some say, including a former commissioner of the South African Human Rights Commission, that black farmers are equally affected by farm violence and that race is not a primary motivating factor
‘Safety and Security Challenges in Farming Communities’, South African Human Rights Commission, 27 November 2015, CISEC96CF110209, p.55	· Various interest groups and government bodies disagree about the extent of racial motivation for attacks. Some, including white farmer groups, claim that race is an important motivating factor, evidenced by lower rates of violence against black workers on white farms · Police in South Africa are viewed as often ineffective.
	· High rates of criminality in SA police service
	· Deterioriation in SA policing and troubles with implementing positive change
‘ZAF106171.E South Africa: Situation of white South Africans, including treatment by government and society; state protection available to white South African victims of violence; information on the white South African community, as well as political and/or rights groups (2014-September 2018)’, Immigration and Refugee Board of Canada, 21 September 2018, OG690C1A333	· Discussion of state protection measures for white SA victims of crime
Country Policy and Information Note South Africa: Background information, including actors of protection and internal relocation, UK Home Office, 01 December 2017, OG6E7028871
	· Rape victims often eft without recourse or protection and police are often unsuited to dealing with victims of sexual violence

’FACTSHEET: South Africa’s crime statistics for 2017/18’, Africa Check, 11 September 2018, CXBB8A1DA36240; ‘South Africa: murders surge by more than 7% in a year’, The Guardian, 12 September 2018, CXBB8A1DA36247; ‘Accurate statistics are needed for the SA farm murder debate’, Institute for Security Studies, 11 December 2017, CXC90406620670	· The general crime rate in SA in particularly high and safety precautions are commonplace amongst those who can afford to take them
Department of Immigration and Border Protection website on refugees	· Why no split family provision for SA?
2016 statement by Zizi Kodwa, ANC National Spokesperson	· Hate narratives from prominent Africans against white people
Velaphi Khumalo – employed by Department of Sport, Arts, Culture and Recreation	· Hate narratives against white people – perpetrator was found guilty and given a warning and allowed to resume work at the department
Facebook post by Kenny Barrel Nkosi, ANC ward councillor	· Hate post against whites
Esethu Hasane Media and Communication Manager for Dept of Sport and Recreation – tweet	· Hate post against whites- no action taken
	· Hatred against whites – EFF chant anti-Boer songs
	· White farm murders in SA
'World Report 2020. Events of 2019', Human Rights Watch (HRW), 13 January 2020, 20200115082903, p.511	· Report on issues in SAQ including xenophobic attacks on foreign nationals, disability rights, women’s rights, environmental issues and foreign policy
'Claims about ‘white genocide’ in South Africa unsupported', Africa Check, 16 November 2016, CX6A26A6E20529	· No support for claims of white genocide in SA
Dr. Gregory H. Stanton, Founding President, Genocide Watch, 1405 Cola Drive, McLean, VA 22101 Home phone: 1-703-448-0222, Cell: 1-703-448-6665, [email protected], Skype: gregstanton	· Email from founder of Genocide Watch supporting claims of white genocide in SA
The dangerous myth of 'white genocide' in South Africa, Justin Ward, Southern Poverty Law Center, 23 August 2018, CIS7B839419211, p.3	· Acts of violence are common in the country with one of the highest murder rates in the world
Justin Ward -	· Department of Immigration should not be using this journalist’s opinion
	· Department of Immigration should not utilise a reference from these individuals (Morri Seligman Dees Jr and Joseph J Levin Jr)
	· ANC official convicted of hate speech
	· SA’s EFF leader says there could be an unled revolution in SA
'International outrage about a “genocide” against white farmers in South Africa ignores the data', Quartz, 05 June 2018, CXBB8A1DA2920	· SAs living on remote farms and away from law enforcement are vulnerable to the country’s high crime rate
	· Links placed in ‘Preparation’ stage of genocide stages – this stage is characterised by an indoctrination of the populace with fear of the victim group
Press Conference: Dr. Gregory Stanton on the Murder Rate in South Africa Pretoria, South Africa - December 6, 2014	· Department of Immigration refers to claims about white genocide in SA
How Bell Pottinger, P.R. Firm for Despots and Rogues met its end in South Africa. By David Segal Feb. 4, 2018	· Public relations firm has driven racial tensions higher in SA
	· Disputing the proposition that white SAs are more heard on crime-related issues than black people because they have more access to the media
#CrimeStats: AfriForum slams farm murders stats - By Tebogo Monama Sep 12, 2018	· Farm murder statistics are misrepresented in SA
Gender-based violence on the rise in S. Africa - APA \| Journal du Cameroun - June 19, 2018	· Violence against women is a serious problem in SA
19 [file number] Applicant’s name withheld for confidentiality purposes, 16FEB1990-Other (specify)-house robbery 20 [file number] Applicant’s name withheld, 16FEB1990-Additional Protection Claims Information. [file number] Applicant’s name withheld, 16FEB1990-Additional Protection Claims Information. [file number] Applicant’s name withheld, 16FEB1990-Additional Protection Claims Information. 21 [file number] Applicant’s name withheld, 28NOV2012-Other (specify) - Name withheld, Witness letter.pdf	· Applicant’s evidence in relation to crimes committed against her that SA police failed to investigate
	· Violence against women and children on the rise in SA
	· Police officers in SA with criminal records
The Way We Are: The judge, the opposition leader, the tax settlement and the mysterious break-ins - By Marianne Thamm 18 October 2016 EXCLUSIVE: Jansen house robbers wanted 'Malema file' \| News24	· Racism perpetrated by ANC officer bearers
South Africa officially gets junk status as Moody’s cuts - 28th March 2020 by Editor Prinesha Naidoo - Bloomberg	· SA is continuing to deteriorate in fiscal strength and government debt has risen
	· The SA government declared the ANC a terrorist group
- South Africa: Situation of white South Africans, including treatment by government and society; state protection available to white South African victims of violence; information on the white South African community, as well as political and/or rights groups (2014-September 2018) [ZAF106171.E] - South Africa: Situation of white South Africans, including treatment by government and society; state protection available to white South African victims of violence; information on any white South African community, political or rights groups (2010-May 2013)	· John Kane-Berman – author of several books on SA politics
	· Article about transfer of white land ownership since 1992, equal to 21% of freehold land in SA
BL PREMIUM 23 JULY 2018 - WANDILE SIHLOBO AND TINASHE KAPUYA	· Paper about land
The land question in South Africa: PART ONE - courtesy TLU SA - The Cape Colony following the arrival of Jan van Riebeeck The land question in South Africa: PART TWO - courtesy TLU SA - The Great Trek with Werner Weber The land question in South Africa: PART THREE - courtesy TLU SA - Negotiations in Natal over land The land question in South Africa: PART FOUR - courtesy TLU SA - The question of land in Mpumalanga The land question in South Africa: PART FIVE - courtesy TLU SA - The Free State The land question in South Africa: PART SIX - courtesy TLU SA - The land issue - Stellaland and Goshen The land question in South Africa: PART SEVEN - courtesy TLU SA - The land issue - Limpopo The land question in South Africa: PART EIGHT - courtesy TLU SA - How to get the booklet on the land question Who owns the Land PDF document - A Critique of the State Land Audit - courtesy of the South African Institute of Race Relations (attached)	· Land claims in SA
	· Australian MPs were told that applications from white SA farmers would be considered for protection visas
Constitution of the Republic of South Africa, 1996 - Chapter 14: General provisions 235. Self-determination	· White SAs have been denied their right to self- determination under the Constitution
The ANC’s Freedom Charter - Adopted at the Congress of the People, Kliptown, South Africa, on 26 June 1955.	· The declaration that all should be equal has never been practised or adhered to
Article written by Adrian Schrinner (then Deputy Mayor of Brisbane City Council, now Lord Mayor - sworn in on 08 April 2019) - Posted on 03 March 2014 titled - Why South Africa’s brain drain has been Queensland’s gain...	· Contribution that SAs have made to Australia
	· Finance Minister for SA said that all companies affected by Covid should receive support regardless of the race of their owners
	· Military lockdown in SA
	· Open letter to Ministers Dlamini Zuma, Patel and Cele – regarding the poorest in SA
	· The pandemic tips the balance of forces in favour the ANC’s revolutionary economic agenda
	· Cape Town family says ‘Forced into police van’ after toddler ran to beach
	· The front page of yesterday's Rapport newspaper suggests the rocky road ahead for some minority groups in South Africa. 03 May 2020
	· I am required by law to apply BBB-EE quota on relief fund - Kubayi-Ngubane
	· Afriforum takes ruling on B-BBEE criteria for tourism relief fund to Constitutional Court “If the case drags on, countless small white-owned businesses will go under, and the government will be complicit. Figuratively, it is economic murder of minorities,” Kriel said. Hermann highlighted it was important to obtain legal certainty on the matter, saying as “this is an urgent crisis, we believe that the matter is urgent as well and therefore we asked for access to the Constitutional Court for this matter". Kriel also pointed out that it was important for members of minority groups to obtain clarity from the Constitutional Court on whether it is really the case that the “current constitutional dispensation in such a way undermines minorities rights, that even during times of crisis, whites may be discriminated against.”
	· COVID-19 Tourism Relief Fund: B-BBEE criteria validated by High Court
	· High Court in favour of tourism department using race as a criterion when providing Covid-19 relief
	· Tourism department erred in applying BBBEE Act, Afriforum tells Court
	· What's behind the cigarette ban?
	· Look at policemen taking things from foreign shopkeepers
	· Coronavirus: South Africa deploys 70,000 troops to enforce lockdown South Africa could resemble a 'military state' - BBC News Johannesburg
	· International South African medical graduates – Outraged over arrival of Cuban doctors, brought in by the ANC
IRR 05 May 2020	· Regulations on food parcels unconscionable, and open to corruption and mismanagement –
Email from applicant to DHA sent post-DHA interview 20/07/2018 [file number]
- Whites leaving South Africa due to politics, Crime, uncertainty for future for themselves and their children Interview Brendon Liebenberg and Afriforum - BEE policies	· Videos discussing the situation in SA, the BBEEE status on work for whites, and tight security measures in place for safety reasons · Documentary detailing the plight of white people in SA having difficulty obtaining employment, and having to live in camps · Clips of land expropriation · Documentary about farm murders · Media report about violence against white people
Email from applicant to DHA dated 01/08/2018 with supporting information
	· Information to support the application
Email from applicant to DHA dated 10/12/2018
	· Information to support the application
Email from applicant to DHA dated 03/06/2019 [file number]	· Links to murders and attacks in SA that support the application
Email from applicant to DHA dated 23/06/2019 [file number]
	· Information about attacks on white people and exclusion
Email from applicant to DHA and MP [Representative A] dated 05/08/2019 [file number]
	· Videos of rioting, looting and attacks on police · Videos of job losses and company closures
“White South Africans face genocide, ‘We are cutting the throat of whiteness’”, The Blaze.com/why	· SA Parliament votes to allow the seizure of land from white farmers without compensation – motivated primarily by the leader of the Economic Freedom Fighters Party, Julius Malema
	· Investigations of police criminality in SA
29 May 2018 “Dodgy cops: 27 crime intelligence officers have criminal records” Times Live	· 27 crime intelligence police officers have criminal records
	· Peter Dutton’s comments come amid the SA parliamentary decision to allow seizure of land from white farmers without compensation
‘SA government offering incentives to keep whites out of jobs’, Business Tech, 26 June 2014	· Public service managers are being encouraged to keep posts vacant rather than fill them with whites, an SA Institute of Race Relations (SAIRR) consultant says
Email from applicant to DHA dated 29/06/2019
The myth of affirmative action in employment and its discrimination against the white minority in SA, author unknown, PDF document
White South Africans complain affirmative action policy is causing them to face discrimination, Martin Cuddihy, updated 02/08/2016, ABC News	· White SAs say it is harder to get a job because of the affirmative action policy called black economic empowerment
Persecuted South African minorities deserve Refugee Status, Springbok Relief, 23/06/2019	· Racially motivated attacks and murders in urban and farming communities is alarming · Minorities exposed to discriminatory affirmative action, employment equity and Black Economic Empowerment legislation have had their ability to survive restricted
UNHCR, The 5 UN Refugee Criteria	· Discussion of the criteria for refugee status
Black Economic Empowerment Alert, 4 April 2018, ‘Unpacking the fundamentals: Proposed changes to the BEE Codes ‘, Cliffe Dekker Hofmeyr	· The Draft General Principles Statement read with the Draft Skills Development Statement proposes to make some of the most fundamental changes to the BEE Codes since 2013
‘We’re running out of whites’, 06 August 2017,	· White South Africans have left the country in record numbers in the past three decades, and many more will leave In the next 5 years
‘All whites now finally excluded from the South African job market’, SeanBryson.com	· The BBBEE Amendment Bill eliminates all white people, including the disabled