The Western Cape High Court has ordered the home affairs department's refugee centre in Cape Town to reconsider an asylum application by a Democratic Republic of Congo (DRC) national who was accused of lying about her age when she fled to South Africa.
“The Constitutional Court has stated that asylum seekers are entitled to administrative action that is lawful, reasonable and administratively fair. And seekers are entitled to adequate reasons. In this case, the Refugee Determination Officer failed to measure up to this.
She was refused asylum in 2014 and in 2016 was threatened with deportation because, officials said, “she does not know her own country” and had given contradictory versions of her date of birth when she arrived in South Africa. LM, in her affidavit, said she had “some recollections of living with her mother in the midst of a brutal civil war”.
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