Impunity Watch: North America: Canada Seeks Judicial Review of Asylum Granted to White South African

By William Miller

Impunity Watch Reporter, North America

Brandon Huntley, a citizen of South Africa, was granted asylum by the Canadian Immigration Board (PHOTO: Times Online)

OTTAWA, Canada – The Canadian federal government is seeking judicial review of a decision by the Canadian Immigration Board to grant asylum to Brandon Huntley, a white South African, because of his race. The government is calling the ruling perverse and says it "can only serve to perpetuate racism."

Huntley fled South Africa last April and went to Canada where his sister lives. He applied for refugee status, saying he had been victimized because of his race and the South African government was not able to protect him. He claimed he had been assaulted seven times by black South Africans who referred to him as a “white dog” and a “settler.”

On September 1, the one-man Canadian Immigration Board found that his fear of persecution by blacks was justified. William Davis, the sole member of the panel, said Huntley would be exposed to racism if sent back to South Africa because Huntley would “stick out like a sore thumb due to his [color] in any part of the country.”

The ruling outraged the South African government, which points out that Huntley never reported any of the incidents of discrimination to the police. Huntley claims that the police force in South Africa is predominantly black and is universally dismissive of complaints of racism filed by white South Africans.

In asking to review the decision, the Canadian government argues Huntley did not show clear and convincing evidence that the South African government could not protect him, and that in making its decision, the Board had relied on an inaccurate perception of the actual conditions in South Africa. The Canadian government claims that Huntley would not stick out like a sore thumb because whites make up a large minority in South Africa, ranging from nineteen to twenty-four percent of the population, depending on the region. They further state that while crime is a problem in South Africa, it does not exclusively target whites and affects all races equally.

While the South African government is applauding the decision to challenge the ruling, the Immigration Board’s decision has found support from white South Africans who claim that the South African government has done nothing to stop a continuing wave of violence against whites in South Africa which started in 1994. They also claim that authorities often dismiss their complaints and that the government has intentionally failed to report crime statistics to hide racial motivations in criminal acts.

The South African government, however, says that racially motivated crime is not prevalent in South Africa. They acknowledge that nearly one quarter of the white population has fled the country but blame it on disease and natural disasters. They support this claim by noting black South Africans have also left the country.

For more information, please see:

Montreal Gazette - Asylum for White South African 'Perverse,' Ottawa Says - 22 October 2009

The Times - Dlamini-Zuma Welcomes Canada's Decision on Huntley - 21 October 2009

Times Online - Persecuted White South African Brandon Huntley Made International Race Refugee - 3 September 2009