Equality Court refuses to rule on LGBTIQ+ asylum discrimination

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11/23/2023

Activists have expressed their disappointment over the Equality Court’s failure to address blatant discrimination against an LGBTIQ+ asylum seeker by the Department of Home Affairs. The case revolves around Anold Mulaisho, a Zambian who sought asylum in South Africa due to discrimination based on his sexual orientation as a gay man. Mulaisho fled to South Africa in 2017 at the age of 22, fearing arrest after his sexual orientation was exposed at his workplace. In Zambia, homosexuality is punishable by up to 14 years of imprisonment. A Home Affairs Refugee Status Determination Officer (RDSO) dismissed Mulaisho’s 2018 asylum application, deeming it fraudulent. The officer refused to accept Mulaisho’s claim to be both gay and Christian, considering it incompatible.

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