1927882 (Refugee)

This matter concerned an application for review of a decision to refuse protection visas made by the first and second applicants, who are white South Africans. The applicants claimed to fear persecution in South Africa due to their ethnicity, citing concerns about generalised crime, racially motivated attacks, and the specific targeting of white farmers and business owners. The court was required to determine whether the applicants had a well-founded fear of persecution for one of the five prescribed reasons under the Act, and if not, whether there were substantial grounds to believe that they would suffer significant harm as a necessary and foreseeable consequence of removal to South Africa.

The court considered extensive documentary evidence, including the applicants' visa applications, personal letters detailing their experiences and fears, media reports on crime, farm attacks, racial tensions, and corruption in South Africa, as well as letters of support. The Tribunal noted that the delegate had accepted the first applicant's fear of generalised crime and intimidation by race-based political rhetoric, but did not accept that white South Africans were specifically targeted due to their ethnicity. Instead, the delegate reasoned that higher average incomes made them more susceptible to financially motivated crime, and that the risk of significant harm was faced by the population at large, not personally by the applicants. The Tribunal also noted that the applicants, appearing unrepresented, initially did not fully understand the refugee and complementary protection criteria, but were provided with an explanation upon request.

The court found that the delegate's reasoning did not adequately address the specific claims of the applicants, particularly concerning the risk of harm to them personally as white South Africans. The Tribunal indicated that it would consider the application afresh, taking into account the evidence and the applicants' personal circumstances in relation to the statutory criteria. The decision under review was remitted for reconsideration.