M.A. was born in a small town on the border between Ethiopia and
Eritrea. When she was 12 years old, Ethiopia expelled her mother,
who was ethnic Eritrean, to Eritrea during the conflict between the
countries. Shortly thereafter, Eritrean soldiers stormed the town and
attacked MA’s family store, killing her father and other family
members. She survived and was taken to hospital by a cousin who
helped her escape Ethiopia.
She eventually entered South Africa where she applied for asylum.
Her asylum application was rejected as manifestly unfounded on the
grounds that she left her country because there was no one left to
take care of her.
LHR assisted her to appeal the decision in the High Court. Her
claim is based the arbitrary deprivation of her nationality under the
law; the likelihood that she would remain stateless if returned to
Ethiopia; that she would face persecution as an ethnic Eritrean and
former asylum-seeker in Ethiopia and that she would face risk of
forced conscription in Eritrea. In 2014 the High Court substituted
the decision of the RSDO to reject her claim to refugee status and
declared that she qualifies to be recognised as a refugee. Insert
footnote: FAM v The Minister of Home Affairs and Others Case
number 6871/2013.
Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide
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