Court sets aside Congolese man’s refugee status withdrawal in Cape Town

The Western Cape High Court in Cape Town has overturned the withdrawal of refugee status granted to a Congolese man named Belgician Ilunga. The ruling was delivered by Acting Judge Siviwe Yake on 17 September 2026. Ilunga had been residing in South Africa since 2003. The court found that the Standing Committee for Refugee Affairs made an erroneous decision on 29 December 2023, which was flawed in multiple ways.

The judge ruled that this decision was unlawful, unreasonable, and procedurally unfair under the Constitution and the Refugees Act. Ilunga was born in Pweto, Haut-Katanga province, in 1982, and fled the Democratic Republic of Congo (DRC) due to escalating ethnic tensions between the Luba and Lunda groups. Initially granted refugee status, his status was initially withdrawn in 2016 and then again in December 2023.

The committee cited Ilunga's continued presence as a justification for withdrawing his status, stating that the circumstances no longer warranted refugee recognition. However, Judge Yake found that the committee's decision was based on flawed reasoning and overlooked crucial evidence. The committee had downplayed the ongoing insecurity in Ilunga's home region and dismissed relevant reports as irrelevant.

The court also noted errors in the legal analysis, as the committee had improperly limited its inquiry to geographic categories rather than considering the broader context. Ilunga now has the opportunity to have his status reconsidered by the committee within 60 days. The respondents are also required to pay Ilunga's legal costs.