Case No. UKUT-00544-(IAC)
Upper Tribunal Immigration and Asylum Chamber

Case No. UKUT-00544-(IAC)

Fecha: 19-May-2015

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