IRAQI KURDISH REGION
)
14. As a general matter, it will not be unreasonable or unduly harsh for a person from a contested area to relocate to Baghdad City or (subject to paragraph 2 above) the Baghdad Belts.
15. In assessing whether it would be unreasonable/unduly harsh for P to relocate to Baghdad, the following factors are, however, likely to be relevant:
(a) whether P has a CSID or will be able to obtain one (see Part C above);
(b) whether P can speak Arabic (those who cannot are less likely to find employment);
(c) whether P has family members or friends in Baghdad able to accommodate him;
(d) whether P is a lone female (women face greater difficulties than men in finding employment);
(e) whether P can find a sponsor to access a hotel room or rent accommodation;
(f) whether P is from a minority community;
(g) whether there is support available for P bearing in mind there is some evidence that returned failed asylum seekers are provided with the support generally given to IDPs.
16.
There is not a real risk of an ordinary civilian travelling from Baghdad airport to the southern governorates, suffering serious harm en route to such governorates so as engage Article 15(c).
E. IRAQI KURDISH REGION
17.
The Respondent will only return P to the IKR if P originates from the IKR and P’s identity has been ‘pre-cleared’ with the IKR authorities. The authorities in the IKR do not require P to have an expired or current passport, or laissez passer.
18.
The IKR is virtually violence free. There is no Article 15(c) risk to an ordinary civilian in the IKR.
19.
A Kurd (K) who does not originate from the IKR can obtain entry for 10 days as a visitor and then renew this entry permission for a further 10 days. If K finds employment, K can remain for longer, although K will need to register with the authorities and provide details of the employer. There is no evidence that the IKR authorities pro-actively remove Kurds from the IKR whose permits have come to an end.
20.
Whether K, if returned to Baghdad, can reasonably be expected to avoid any potential undue harshness in that city by travelling to the IKR, will be fact sensitive; and is likely to involve an assessment of (a)the practicality of travel from Baghdad to the IKR (such as to Irbil by air); (b)the likelihood of K’s securing employment in the IKR; and (c) the availability of assistance from family and friends in the IKR.
21.
As a general matter, a non-Kurd who is at real risk in a home area in Iraq is unlikely to be able to relocate to the IKR.
- 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
