NOELENE BARBEAU
BRANDON Huntley, who sought refuge in Canada by citing his fear of black criminals in SA, is gearing up for a new bid after his refugee status was revoked.
This time, the former Cape Town man will try to convince Canada’s Immigration and Refugee Board that he will come to harm if he has to return to SA, because of the extensive media coverage his case has attracted.
The board’s decision to grant Huntley refugee status in April 2008 received considerable publicity and was denounced as racist by the SA government.
Canadian Citizenship and Immigration Minister Jason Kenney later had the decision quashed in a federal court.
A date for a new hearing is expected to be set within weeks, according to Russell Kaplan, Huntley’s SA-born Canadian lawyer. He expects the hearing to take place in the next three months.
“The board would hear argument that he is at risk of returning to South Africa because of fear of being attacked by black South Africans, and because he is now a well-known white South African,” said Kaplan.
Huntley had initially applied for refugee status because of his fear of discrimination, harassment and possible death in SA. He also claims to have been attacked by black South Africans.
He first went to Canada on a work permit in 2004 and was hired as an amusement park attendant. He returned to SA in November that year when the permit expired, but returned to Canada the following June.
When the second permit expired in December 2006, Huntley continued living in Canada illegally.
He married a Canadian citizen, Melani Crête, in August 2007 and received refugee status eight months later.
At the time, the board had felt his allegations of the persecution of white South Africans were enhanced by the oral testimony of another South African, Lara Anne Kaplan – his lawyer’s sister.
According to court papers, she had testified that “things started to shift to the disadvantage of white South Africans” after Nelson Mandela’s release from prison and his election as president. She also reported being accosted and threatened with a gun.
Her evidence was said to be central to Huntley’s claim.
Huntley had told the board he had tried joining the Canadian armed forces to avoid returning to SA but had fallen in love with, and married, Crête. However, he later discovered “she wasn’t a nice woman”, he said. The couple separated around December 2008.
In papers to the federal court, Huntley had argued that Kenney had brought the review application in response to diplomatic pressure. However, the judge rejected this argument. Huntley appealed the decision in October last year, but it was dismissed.
Kaplan then asked the Supreme Court for permission to appeal on Huntley’s behalf, but the court turned him down.
Canada Immigration spokesman Bill Brown said yesterday they were pleased with the Supreme Court’s decision.