Canada's federal government said on Thursday it was challenging a
contentious Canadian immigration board panel ruling that granted
refugee status to a white man from South Africa who claimed
persecution from blacks in his home country.
Danielle Norris, spokesperson for the Department of Citizenship
and Immigration, said the government will challenge the decision
before the Federal Court. She earlier said department lawyers were
studying the panel's decision.
South Africa had asked the Canadian government to appeal to the
court. The ruling has angered many in South Africa, where race
remains a highly sensitive issue.
A Canadian immigration board panel issued its ruling late last
week in the case involving Brandon Huntley.
Huntley argued that whites are targeted by black criminals in
South Africa and that the South African government does nothing to
protect them. He claimed he was attacked seven times during
attempted robberies and muggings.
Tribunal panel chair William Davis ruled that Huntley would
stand out like a "sore thumb" due to his color in any part of South
Africa and ruled that Huntley's fears of persecution are justified
based on the evidence he submitted.
The Immigration and Refugee Board has refused to comment on the
case. Board spokesperson Stephane Malepart has said he is barred from
commenting on any individual case by privacy provisions.
The board is an independent tribunal that operates at arms'
length from the Canadian government.
Norris said a judicial review by the Federal Court will not hear
additional evidence, with respect to the facts, for example, about
conditions in South Africa.
'This decision is incorrect'
Anesh Maistry, head of the political section at the South
African High Commission in Canada, said board's decision is wrong
and belies the reality of South Africa. High Commissions are
embassies in British Commonwealth nations.
Maistry also said the board never asked for South Africa's views
on Huntley's claims nor did it seek to confirm his allegations of
repeated attacks.
"This decision is incorrect, it is not factual, it does not
represent the facts on the ground. It portrays South Africa in a
negative light and it misrepresents the work that has been done in
the last 15 years to build a nonracial society in the country,"
Maistry said.
Abraham Nkomo, South Africa's High Commissioner to Canada, said
the refugee board was taken for a ride in the matter and said that
it's a crime issue, not a race issue.
"There is no persecution of the white community in South Africa.
What crime does happen happens to targets of convenience," Nkomo
said in an interview with the Canadian Broadcasting Corp.
Nkomo met with Canadian officials and expressed surprise Huntley
was granted refugee status.
Huntley came to Canada on a visa in 2004 to work as a carnival
worker. He returned in 2005 on a one-year visa and stayed for a
second year illegally. He went back to South Africa, then entered
Canada a third time, and filed his refugee claim in 2008.
Deepak Obrai, Canada's parliamentary secretary to the minister
of Foreign Affairs and a Conservative lawmaker in Prime Minister
Stephen Harper's government, expressed outrage over the board's
decision in a statement and said it shows a serious lack of
judgment.
"Having grown up in Africa and witnessed the devastating effects
of apartheid, in this case against blacks and Indians, it is beyond
my understanding how a Canadian institution makes a decision on a
racial basis," said Obrai, who was born in Tanzania.