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Tshiyombo v Members of the Refugee Appeal Board and Others (13131/2015) [2015] ZAWCHC 170

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Tshiyombo v Members of the Refugee Appeal Board and Others (13131/2015) [2015] ZAWCHC 170

19th November 2015

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The applicant has applied, in terms of Part B of his notice of motion, for orders reviewing and setting aside the decision by the refugee status determination officer rejecting his application for refugee status as unfounded and the subsequent decision of the Refugee Appeal Board refusing his appeal against that determination. 

He also seeks consequential relief by way of an order declaring that he is a refugee who is entitled to asylum in the Republic of South Africa, as contemplated by s 3 of the Refugees Act 130 of 1998 (‘the Act’), together with a direction to the acting manager of the Cape Town refugee reception office (the sixth respondent) to issue to him a written recognition of refugee status in terms of s 27(a) of the Act,[1] read with regulation 15(1) of the general regulations made thereunder.[2] 

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The relief applied for in terms of Part B of the notice of motion follows on that sought earlier, on grounds of urgency, in terms of Part A thereof.  Pursuant to the hearing of the application for urgent relief before Dlodlo J on 5 August 2015, certain interim relief was granted to the applicant.  The interim relief included a direction to the sixth respondent to issue a temporary asylum seeker permit to the applicant that would permit him to remain lawfully in this country pending the determination of the relief sought in terms of Part B of the notice of motion.

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