Legal Framework
147. Article 8 of the Qualification Directive, which applies to both Refugee Convention and subsidiary (humanitarian) protection claims, is headed “Internal protection” and provides: “1. As part of the assessment of international protection, Member States may determine that an applicant is not in need of international protection if in a part of the country of origin there is no well-founded fear of being persecuted or no real risk of suffering serious harm and the applicant can reasonably be expected to stay in that part of the country. 2. In examining whether a part of the country of origin is in accordance with paragraph 1, Member States shall at the time of taking the decision on the application have regard to the general circumstances prevailing in that part of the country and to the personal circumstances of the applicant. 3. Paragraph 1 may apply notwithstanding technical obstacles to return to the country of origin.” 148. The correct approach to the issue of relocation is that set out by Lord Bingham in
- 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
