Case No. UKUT-00544-(IAC)

59. Mr Bazini observed that the Appellant has been found to come from Dubis in the Kirkuk Governorate, which is now one of the contested areas. He accepted that the Immigration Judge had found that there was no reliable evidence that the Appellant’s mother and siblings had left Iraq and, also, that the Appellant had a cousin based in Kirkuk . He submitted, however, that given the change of circumstances in Kirkuk since the date of the judge’s determination it is now reasonably likely that the Appellant’s family members are not in Iraq , are not contactable and would not be able to assist him. 60. Mr Bazini commended to us the inclusive approach to Article 15(c) adopted by the Tribunal in HM2 ; observing the Tribunal’s reference at [271] to the need for a qualitative as well as a quantitative approach when assessing the levels of indiscriminative violence in Iraq . He further alluded to the Tribunal’s identification that “one aspect of the inclusive approach is an appreciation that there are threats to the physical safety and integrity of civilians beyond those measured in the civilian casualty rate” at [114] – submitting that the situation in Iraq is now very different to that referred to in HM2 , with much of the violence aimed at civilians in order to bring about fear in the community. 61. It was further submitted that the appeal should not be determined on the basis that a person would be returning to Iraq with a CSID, or the necessary documentation to obtain one, because to do so would not be consistent with the proper application of Article 8 of the Qualification Directive. 62. He continued by submitting that Sunnis had been pushed to the west of Baghdad and are at greater risk. There is no established Kurdish community in Baghdad , making Kurds vulnerable. There had been a rapid increase in the level of indiscriminate violence in Iraq and the economic growth rate had dropped by 2.4 or 2.6% - the drop in oil prices being significant. As a consequence, IDPs are facing shortages of food, accommodation and medical care. 63. As to the issue of re-documentation, it was said that little was known about the Central Archive in Baghdad , including how long it would take to obtain documentation from there; if indeed it can be obtained at all. Reference was made to evidence provided by UNHCR-Iraq cited in Dr Fatah’s second report [paragraph 144 therein] – it being observed that as many as 45% of IDPs surveyed reported that at least one family member was missing their CSID, and that 48% were missing their INC. Only 10% of persons missing documents had tried to replace them in their area of displacement, with 35% successfully doing so. It was suggested by Mr Bazini that it should be inferred from this evidence that it is not easy to replace missing status documents. 64. The Tribunal’s attention was thereafter drawn to passages in Dr Fatah’s reports in furtherance of the submission that it is difficult for IDPs to obtain new status documents. In relation to the Central Archive, it was observed that there was no information regarding how the archive works, how many people work in the archive office, the output of the office, the success rate of those seeking documents from there and how the need to obtain information from the contested areas might hinder their work. 65. Assuming that the Appellant is able to obtain a CSID from Baghdad the process of doing so would, suggested Mr Bazini , take over a month. He submitted that in such circumstances the situation the Appellant would be living in prior to receipt of the CSID would amount to a breach of Article 3. There was very little evidence about what the Appellant would be entitled to under the Assisted Voluntary Return scheme. The leaflet produced by the Secretary of State indicated only that a person may be entitled to support and assistance and does not explain how the money had to be spent. It was also observed that Dr Fatah had confirmed that the Appellant would need $800 - $1,000 a month to stay in a hotel or to rent a room 66. Neither the UNHCR nor Amnesty International support the possibility of internal relocation in Iraq . The security situation in Baghdad is poor. The percentage of the population injured or killed in governorates other than Baghdad is generally lower than in Baghdad . Amnesty International are of the opinion that Baghdad is very dangerous. ISIL are only 70 km from Baghdad and the population are living in fear. Abductions occur throughout the city. Kurds receive threats from Shi’a militias. 67. Turning to the IKR, the Tribunal’s attention was drawn to evidence provided by Dr Fatah to the effect that food prices and the cost of living had increased in the IKR, civil servants salaries had not been paid for a month there and there are 3 million IDPs in temporary shelters. The aid agencies only have limited funds. The conditions for an IDP in the IKR are unduly harsh.