SA denies DRC gay man refuge

A Democratic Republic of Congo citizen is fighting a Home Affairs decision to refuse him asylum seeker status in South Africa. But, Charles Ngoy is not fleeing his country of birth because of war. He says he wants to live in South Africa because he's free to be openly gay, and wont be persecuted because of his Albinism.

Rights groups say he has a case, but Home Affairs say he doesn't qualify for refugee status.

Charles Ngoy is fleeing a war of a different kind....one of prejudice. He says he left the Democratic Republic of Congo because of persecution from being openly gay, and for being an albino. But Home Affairs has rejected his application for refugee status, and now Ngoy fears being deported.

"In DRC have never been arrested for my sexual orientation but i've been discriminated by Congolese people, by friends by family because that life is not an easy life. Also I'm facing double persecution because I'm an albino...
in Congo, if you are albino, and you are not protected by your family it's very difficult because not everyone in Congo likes albinos."
While Congo does not have any anti-gay laws, Ngoy says very few Congolese are openly gay. He also says that albinos suffer violence and victimisation in the central african country almost daily. Refugee Rights advocacy group Passop says while Ngoy is not fleeing political conflict, he does have a case. They say South African government could be putting his life at risk if they refuse to grant him asylum seeker status.

The case of Charles is not the exception, it's the norm. We're seeing more and more cases like this," David Von Durgsdorff Of Passop told the eNews Channel.

Extremely vulnerable, clearly having legitimate grounds for being refugee here being turned away.
Home Affairs says Ngoy can't prove he's suffered any violence or that he will be harmed if he returns.
The department says its decision is backed by the UN's criteria on determining Refugee Status.
Ngoy says he will appeal the decision.