INDISCRIMINATE VIOLENCE IN IRAQ: ARTICLE 15(C) OF THE QUALIFICATION DIRECTIVE
1.
There is at present a state of internal armed conflict in certain parts of Iraq, involving government security forces, militias of various kinds, and the Islamist group known as ISIL. The intensity of this armed conflict in the so-called “contested areas”, comprising the governorates of Anbar, Diyala, Kirkuk, (aka Ta’min), Ninewah and Salah Al-din, is such that, as a general matter, there are substantial grounds for believing that any civilian returned there, solely on account of his or her presence there, faces a real risk of being subjected to indiscriminate violence amounting to serious harm within the scope of Article 15(c) of the Qualification Directive.
2.
The degree of armed conflict in certain parts of the “Baghdad Belts” (the urban environs around Baghdad City) is also of the intensity described in paragraph 1 above, thereby giving rise to a generalised Article 15(c) risk. The parts of the Baghdad Belts concerned are those forming the border between the Baghdad Governorate and the contested areas described in paragraph 1.
3.
The degree of armed conflict in the remainder of Iraq (including Baghdad City) is not such as to give rise to indiscriminate violence amounting to such serious harm to civilians, irrespective of their individual characteristics, so as to engage Article 15(c).
4.
In accordance with the principles set out in Elgafaji (C-465/07) and
- Introduction
- Iraq
- ) v Secretary of State for the Home Department
- The Evidence – A Summary
- Written Evidence of Dr Fatah
- Oral Evidence of Dr Fatah
- MK (documents – relocation)
- Amnesty International
- Home Office Country Information
- UNHCR’s position paper
- Existing Country Guidance
- HF (
- ) and others
- The Submissions – A Summary
- Appellant’s skeleton argument
- Appellant’s oral submissions
- Respondent’s skeleton argument
- Article 15(c) of the Qualification Directive
- Legal Framework
- MOJ & Ors (return to Mogadishu) Somalia
- Elgafaji v Staatssecretaris van Justitie
- Diakite v Commissaire general aux refugies
- Elgafaji
- Diakite,
- HM and others (Article 15(c) Iraq
- HM (Iraq)
- Article 15(c) - Discussion and Conclusions
- AK (Article 15(c)) Afghanistan
- Iraqi Kurdish Region (IKR)
- Erbil, Sulaymaniyah and Dahuk
- The Southern Governorates – Basra, Kerbala, Najaf, Muthana, Thi-Qar, Missan, Qadissiya and Wassit
- Baghdad City
- Internal relocation
- Legal Framework
- Januzi v Secretary of State for the Home Department
- AH (Sudan) & others (FC)
- Places of Return
- only
- HF (Iraq
- I accept, as Mr Fordham submits, that it would be necessary for the court to consider whether the appellants would be at risk on return if their return were feasible, but I do not accept that the Tribunal has to ask itself the hypothetical question of what would happen on return if that is simply not possible for one reason or another
- INDISCRIMINATE VIOLENCE IN IRAQ: ARTICLE 15(C) OF THE QUALIFICATION DIRECTIVE
- Secretary of State for the Home Department
- DOCUMENTATION AND FEASIBILITY OF RETURN (excluding IKR)
- HF (Iraq) and Others v Secretary of State for the Home Department
- POSITION ON DOCUMENTATION WHERE RETURN IS FEASIBLE
- IRAQI KURDISH REGION
- F. EXISTING COUNTRY GUIDANCE DECISIONS
- The Appellant’s Case
- Documents before the Upper Tribunal
