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- A Stuijt
- Retired South African medical journalist, ex-Sunday Times of Johannesburg.
Tuesday, 11 October 2011
08:22 | Posted by A Stuijt | | Edit Post
The latest ruling concerning white South African Brandon Huntley's political asylum-application in Canada, did not deal with his refugee-status rights -- contrary to SA reports to this effect. What really happened was that the Federal Court of Appeal dismissed his appeal while not even going into the merits of Huntley's appeal - "because we did not have standing in the court,"| writes his attorney Russell Kaplan. He says Huntley's legal team now is greatly encouraged to take the case all the way to the Supreme Court of Canada. Kaplan also felt encouraged about the future prospects of white South Africans seeking political asylum in Canada, writing:
"White South Africans have much stronger cases TODAY than when Huntley brought his claim and yet you wouldn’t think so by reading this article:" link
October 11 2011 - This was the gist of a message from Brandon Huntley's lawyer Russell Kaplan. He writes: "I am waiting for the written order from the Federal Court of Appeal."However, if there is such a thing as a good denial, then this was a good denial. The Federal Court of Appeal dismissed the appeal but in so doing, gave reasons which we (Mr. Galatti and I), are very encouraged with, because they (the oral reasons given in court) give us confidence to proceed to the Supreme Court of Canada, assuming Mr. Huntley instructs us to do so.
"We always knew and felt that this matter was headed to our top court and the particular reasoning gives us confidence to move in that direction.
"Mr Huntley's next step has always been to have a new refugee hearing -- but we want the country's top court to weigh in on the matter before he gets this second hearing...'
"If it was jurisdictional, according to the Federal Court of Appeal, then we had a right to be in the FCA, but not if it was an error of law only."There are nine judges at the Supreme Court. One of the grounds for the appeal will be the fact that the Federal Court of Appeal stated that the (lower) Federal Court’s applying a “correctness” standard of review to the facts, rather than a “reasonableness” standard, was not a jurisdictional issue but an error of law.
"In other words, the Federal Court of Appeal did not even go into the merits of the appeal on the basis that we 'did not have standing in the court'. Of course, we have always believed that we have had standing and would now like the Supreme Court to confirm that fact.
" Just another example of a reporter not understanding the order itself and how it fits in the Huntley context... '
Russell Kaplan also writes that the article on October 10 2011 at News24.com provided rather misleading information, noting: " If you read the article carefully, hopefully you will notice that Mr. Huntley has not been denied his refugee claim but rather denied standing in the FCA court -- on the grounds of SA government pressure on the lower federal court and whether he will get a fair second hearing.
"What was “totally unmeritorious” was not his refugee claim but (according to the FCA) the particular grounds of appeal relating to SA government pressure -- and whether Huntley will get a fair second hearing."Just another example of a reporter not understanding the order itself and how it fits in the Huntley context and how that misunderstanding, when read by the masses, can get totally misconstrued. White South Africans have much stronger cases TODAY than when Huntley brought his claim and yet you wouldn’t think so by reading the article.
Kaplan anticipates many more cases:
Flashback December 8 2009 – Censorbugbear-Reports’ editor heard from Russel Kaplan, lawyer of white SA asylum-seeker Brandon Huntley. that ‘all South Africans who fear persecution or risk to their lives on account of their skin colour can proceed with their long term plans including refugee claims in Canada.” The lawyer expects more applications to follow. Moreover, he believes they now have greatly increased chances of succeeding.
Huntley's case is very similar to the Polish Roma cases:
Kaplan wrote: “ Although Brandon Huntley was the first, I anticipate dozens of cases over the next few years with stronger and stronger evidentiary foundations. I believe many future cases will be successful irrespective of what happens to Huntley. The reason for this is that we have so much new evidence that comes out daily that these cases will be stronger and stronger. This happened with sexual orientation cases when they first started (not in South Africa). Now sexual orientation cases are main stream. I expect the same will happen with racial cases from South Africa. I modeled Huntley on the Polish Roma cases – very similar factually - and these continue every year (my office does about 10 cases per year). Anyone and everyone you know who wants to proceed ala Huntley should do so.” http://www.facebook.com/n/?inbox%2Freadmessage.php&t=1193901772205&mid=1877215G3d35e136G11b908dG0
contact information for Ireland and Canada lawyers dealing with SA political asylum cases:Irish republic: Sollicitor Owen Swaine: address: 14, Father Griffin Road, Galway, County Galway, Ireland telephone (091)861382
Canada: SA-born Lawyer dealing with political asylum cases for South Africans in Canada: firstname.lastname@example.org Russell Kaplan, 838 Somerset Street West, Suite 30, Ottawa, Canada, http://www.travel-net.com/~kaplan/index.swf tel Canada 91 613 233 799 – fax Canada 91 613 – 233 088
Immigration statistics for Canada: http://www.cic.gc.ca/english/pdf/research-stats/facts2008.pdf
USA Trey Sucher, Attorney, Laz L Pittman, 1556 South First Avenue, suite R, Iowa city IA 52240 tel USA 319.337.4090 treysucher at pittmanimmigration.org
Another succesful reason for residency in Canada: Porphyria – an Afrikaner genetic affliction:
One Afrikaans family was granted permanent residency in Prince Rupert in British Columbia because they had fled from SA’s abundant sunlight to the Canadian town which has the lowest recorded sunlight hours per year in the country. The Vivier family, whose members all suffer from familial porphyria – an potentially deadly allergy due to extreme sensitivity to sunlight which occurs often in Afrikaners -- asked to settle in the town of Prince Rupert with their children because it had the least sunshine hours per year in Canadia. The family said their health and quality of life was greatly impaired in South Africa where they were forced to remain indoors most of the time. They were allowed to resettle in the small north-western Canadian town.
- We are building a database -- Readers are also requested to let me know at email@example.com if you know if any other lawyers in other countries which deal with political asylum applications for South Africans specifically. We will add them to our list of names upon verification.
ANC-regime tries to legally block, publicly demonise white asylum-seekers:
The South African government - while denying its white citizens access to the labour market with a bevy of black-racist laws -- also choses to interfere in the basic human rights of white South Africans who plead for political asylum abroad. The ANC regime lodges‘formal legal objections’ against these citizens’ applications in those countries concerned. In its attempts to demonise all white South African citizens who are applying for political asylum abroad, the ANC-regime in October publicly also blasted Diane Louise Jefferson, 22, a SA asylum seeker in Ireland, for her ‘tarnishing the integrity of all South Africans, black and white and to damage the country’s reputation…’ The regime has also been actively demonising Brandon Huntley and lodged objections against his political-asylum application in Canada.
The ANC-regime's interference in the rights of Mrs Jefferson to live in Ireland didn’t work: Mrs Jefferson obtained a five-year residence-permit in Ireland after testifying of her fears of criminal racist discrimination in her homeland. Owen Swaine, Miss Jefferson's lawyer, said his client, who lives in Doughiska, County Galway, had no immediate family left in South Africa. The SA government has lodged legal appeals against the decision, paid for by SA taxpayers… However, said her lawyer, she’s terrified that she would be forced to return: "Her apprehension in returning is two-fold," he said. "One is she's been in Ireland as a child, has no family connections in, and would be a stranger in South Africa. She is of limited financial means and if deported would effectively be abandoned there, and a female abandoned in any area of the world is more likely to fall victim to crime. "In addition to that, being a South African, she takes a keen interest and has read about the wide level of violent crime, which heightens her fear of returning as a young woman." view report:
Miss New Zealand is an expat Boere-meisie:
Picture left -- this baie mooi meisie is Magdalena Schoeman, this year’s Miss New Zealand-World; with granddad Fanie, 86 in Oudtshoorn. This gorgious Afrikaans lass emigrated with her parents at the tender age of six, but is scheduled to compete in the Miss World title in the country of her birth 13 December. South African emigrants are acknowledged ‘strebers’ in their adopted countries, often noted for their tough work-ethic and ‘Boer makes a plan” approach to life. More than 1-million white South Africans have already legally emigrated since 1994 due to the high crime rate. However sometimes, they also apply for political asylum – but only when all other legal avenues are closed to them…. Picture from Oudtshoorn Online: http://www.diehoorn.co.za/category/fotos/
Many other white South Africans – mostly Afrikaners -- are however at the same time, also being rejected for political asylum and even forcibly returned to South Africa, -- and especially the USA makes itself guilty of this inhumane treatment: anbd willfully returning these terrified families to their homeland also means that these members of the country’s most visible, very small and defenceless white minority not only face a constant survival battle in the most violence-driven society on earth with the highest murder and homicide rates – 89 murders/homicides a day, combined -- but also face a lifetime of having to survive against all odds, being denied job rights due to the ANC’s anti-white employment laws -- in a country where “ whites” are denied land- and business-ownership and where Afrikaners even are being denied the right to run their own-language educational facilities in the land of their forebears -- and all for purely racist reasons.
SA gv’t uses non-racial SAPS crime statistics to try and ‘prove that criminals weren’t targetting whites…
- Oddly enough, in its argument objecting to the asylum-application in both Canada and Ireland, the ANC-regime not only demonised the persons involved personally, but used its own non-racial ´official crime-statistics ´ to try and prove that Ms Jefferson was not targetted by ‘anti-white racist criminals’. How would they know that since they don´t maintain ´racial crime statistics. We do on Farmitracker.com...
Following is the SA government’s argument used in their formal objection to Ms Jefferson’s application:
- response to residency application by South African citizen in Ireland.
- “The South African government rejects the reasons given by Ms Jefferson, a South African, in her application for residency status in Ireland namely that she fears "criminal racial discrimination" if she were to return to the country and that she feels "she is at a greater risk" to be the victim of crime ( SAPS ). http://www.politicsweb.co.za/politicsweb/view/politicsweb/en/page71656?oid=146251&sn=Detail
- “This is untrue and inaccurate to suggest that crime is racially motivated and that a particular section of the South African society is more likely to be exposed to crime than any other. “The South African government has reaffirmed its unwavering commitment to provide safety and security to all South Africans, black and white, and not only to a select section of its population. “ (…)
- Canadian immigration facts and figures : http://www.cic.gc.ca/english/pdf/research-stats/facts2008.pdf
- Canadian asylum request: http://censorbugbear-reports.blogspot.com/2009/08/white-man-gets-refugee-status-in-canada.html
- Irish asylum request: http://censorbugbear-reports.blogspot.com/2009/09/white-sa-woman-requests-asylum-in.html
These two American-born children of Mrs Carol Herbst, left, were forcibly returned in 2006 from the USA after the Afrikaner family had been denied political asylum. Beeld newspaper reported that the Herbst children and their mother Carol were also amongst the targets of a violent armed hijacking gang after her husband Wentzel returned from the Kentucky-Fried-Chicken outlet in Delmas in April 2008, during which Mrs Herbst' brother-in-law Jimmy Watson was shot dead and the Herbst children Darian (5) andTeagan (3), left, had to flee for their lives. The mother said the children were badly traumatised by the violence. The children were born in the US while the Herbst couple awaited asylum-procedures for six years. She told the Afrikaans newspaper Beeld that the US 'can now see the kind of country they have forced our family to return to.' The USA said that ‘violence’ is not accepted as a criteria for allowing asylum.
Children targetted the most by crime in SA:Graphic: by http://www.CJCP.org.za. Children – especially female children -- are the most-endangered of all the people in South Africa, a report by the Institute for Security Studies warned last year. On the above chart it can be clearly seen that tens of thousands of children are targetted for rapes, indecent assaults, murders, and attempted murders each year and thousands are also abandoned and kidnapped. Yet the US government chose to deport these two tiny US-born children with their vulnerable Afrikaner mom back to this most violently-criminal society on earth…and they took this decision only because the family in question was of white Afrikaner origin – and had moreover, submitted in their application that they were being targetted by black criminal gangs because they were ‘whites’. The USA rejects applications by any asylum-seekers who claim that they are being targetted by any violent crimes – even if these ‘crimes’ clearly are a specific genocide targetting the Afrikaner people. The US government obtained ‘advice’ from the SA embassy before passing judgment against this family. Children and young girls also face a new danger, recorded recently by SA investigative journalist/producer Susan Puren, indicating a growing trend where specifically white girls and women are arrested under false pretences, taken to police stations and gang-raped by arresting police-officers and their colleagues. Carte-Blanche TV programme: clips http://beta.mnet.co.za/carteblanche/Article.aspx?Id=3793 Contact Susan Puren at Facebook http://www.facebook.com/profile.php?id=759019553&ref=ts