The Immigration and Refugee Board relied heavily on the testimony of a family member of a white South African man's lawyer in its decision to grant him refugee status in Canada, CBC News has learned.

Laura Kaplan, the sister of lawyer Russell Kaplan, testified that when she lived in South Africa, she was the victim of multiple attacks by blacks. She, like refugee claimant Brandon Huntley, is a white South African.

The chair of the refugee panel cited her testimony as credible evidence that blacks persecute whites in South Africa, and the country's government is unable to offer them protection.

"It is rather strange that a great deal of the testimony of this case is attributed to hearsay evidence of Mr. Kaplan's sister, Laura, who is not even the primary applicant in this case," said Anesh Maistry, a spokesman for the South African High Commission in Ottawa.

Russell Kaplan, an Ottawa-based lawyer, represented Huntley, a 31-year-old white South African who came to Canada in 2004 on a work permit and later applied for political asylum in Canada.

Last week, the Immigration and Refugee Board granted him asylum. The decision touched off a firestorm of controversy, creating headlines around the world that described the ruling as racist, shocking and saddening.

Huntley told the refugee board he was the victim of repeated violent attacks by blacks, including stabbings. He also said he was unable to find employment because he was the victim of both systemic discrimination and the South African government's employment equity policies.

Lawyer didn't want details about sister made public

Details of Laura Kaplan's testimony weren't meant to be public, but were inadvertently revealed in documents provided to CBC News by Russell Kaplan. Kaplan's office attempted to black out sections of the panel's ruling containing his sister's testimony. The redactions weren't carried out properly and the text underneath is visible.

"Laura Kaplan was attacked and threatened with guns by African South Africans on two separate occasions because of the colour of her skin and perceived wealth," it says.

"Laura's brother, Robert, was tortured and shot by African South Africans," and, "Laura's brother and her father survived only because of their wealth, being able to install electronic and guard protection for themselves both inside and outside their home."

Kaplan said his sister has no relationship to his client and was a witness because she could provide the panel with a recent picture of life in South Africa for whites since she came to Canada in the last year.

When asked why he attempted to black out sections, Russell Kaplan told CBC News the information was personal and sensitive for his family members. He later requested that CBC News not report the details of the redacted sections and not circulate the documents.

The Law Society of Upper Canada said there is no rule prohibiting lawyers from including family members as witnesses in cases and questioning them under oath.

It also referred CBC News to Rule 4 of its code of conduct which says: "The lawyer must take particular care to be accurate, candid, and comprehensive in presenting the client's case so as to ensure that the tribunal is not misled."

The Immigration and Refugee Board refused to say whether the panel chair knew that Laura Kaplan was an immediate relative of the lawyer.

Ottawa challenges decision

The federal government will challenge the refugee board's decision in court, Kelli Fraser, a spokeswoman for Citizenship and Immigration Canada, told CBC News on Thursday.

The South African High Commission in Ottawa praised the decision.

"The high commissioner is very happy," said Maistry. "Reason has prevailed."

He said he was told the government has filed its appeal and will learn in about a month whether the Federal Court will grant a review.