Judge gives refugee another crack at asylum

A man whose father fled Burundi during political turmoil and genocide there in 1994, has been given a fresh start at applying for asylum in SA after he was embroiled in a dispute with authorities for about a decade over a missed appointment. Although Western Cape High Court Judge Ashley Binns-Ward felt it was not up to him to decide whether Alexis Kalisa could stay in SA or not, he referred Kalisa's matter back to the Refugee Appeal Board so that his asylum application could be determined afresh, notes a News24 report. Binns-Ward found that authorities were supposed to consider the merits of the matter whether he was present or not, instead of turning him down because he failed to turn up for the hearing. The court provided a strict timeline for Alexis Kalisa, the Department of Home Affairs, and lawyers from the University of Cape Town's Refugee Law Clinic, which represented him, to adhere to. The judge's orders include that the decision of the Refugee Appeal Board dated 3 April 2008 rejecting his application for asylum be set aside and that the matter be sent to the authorities for a fresh start. While this is being dealt with, the validity of Kalisa's permit must be extended, the court ordered. In the meantime, Kalisa has made a life for himself in SA with two children and his partner, who is from the Democratic Republic of Congo.