STUDY UNIT 4.1

Question 1

ARTICLE 14(1) OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS:

Answer 1

provides that everyone has the right to seek and enjoy in other countries asylum from persecution.

Question 2

if a foreigner…

Answer 2

if a foreigner is recognized as a refugee, and is granted asylum in South Africa, she is entitled to all rights set out in the Constitution, except those that apply to South African citizens.

Question 3

WHAT IS A REFUGEE?

Answer 3

a refugee is a person outside his or her state of nationality, unable to return due to fear of persecution because of his or her race, nationality, religion, social group or political opinion.

Question 4

“NO ONUS”

Answer 4

there is no onus on a person to prove that they are a refugee.

Question 5

TWO ELEMENTS:

Answer 5

1. Subjective element
2. Objective element

Question 6

SUBJECTIVE ELEMENT:

Answer 6

is based on the applicant’s reaction to the events that impinge on her personality.

Question 7

OBJECTIVE PERSONALITY:

Answer 7

is based on objective facts that lend in support of the applicant’s subjective fear.

Question 8

POLITICAL OPINION:

Answer 8

is an opinion made about the nature, policies, or practices of a state, legitimately or otherwise, to exercise societal power.
-can be understood to include any opinion on any matter in which machinery of the state, government, or policy may be engaged.

Question 9

SOCIAL GROUP:

Answer 9

Section 1(xxi) of the Refugees Act state that the term social group, among others, includes a group of persons of a particular gender, sexual orientation, class or disability.

Question 10

LORD HOFFMAN:

Answer 10

Lord Hoffman rejected the notion that the term ‘particular social group’ implies an element of cohesiveness, co-operation or interdependence and accepted that ‘social group’ could include individuals fearing persecution on such basis as gender, linguistic background and sexual orientation.

Question 11

PRINCIPLE OF NON-REFOULEMENT

Answer 11

the principle of non-refoulement obliges states to refrain from forcibly returning a refugee to a state where he is likely to suffer persecution or danger of his life or freedom.