The Court dismissed the judicial review application, holding that the Tribunal did not commit jurisdictional error in finding that discrimination against white South Africans under Black Economic Empowerment policies, while real, did not amount to serious harm threatening the applicants' capacity to subsist under s 5J(5) of the Migration Act. The Tribunal's consideration of economic harm was held to be responsive to the claims actually made, and its broader findings subsumed any obligation to separately address BEE's practical effects as distinct from its policy intent. The Court also held that the Tribunal's use of language suggesting it assessed whether persecution 'would' occur, rather than whether there was a 'real chance' of persecution, did not constitute error where the Tribunal correctly stated the legal test at the outset and the reasons read fairly as a whole applied it.
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