Case No. UKUT-00544-(IAC)

Iraq CG [2012] UKUT 00126 (IAC) i.e. that a healthy adolescent or adult Iraqi would have memorised or have access to the book, page, and volume number of the location of their family record. He disagreed with this conclusion, although he accepted that some people would remember these details. Iraqi nationals do not need to recall such details because they have to produce the actual identity document when they wish to rely upon it. Each member of a person’s immediate family i.e. wife and children is listed on the same pages. The 2014 Landinfo report Iraq : Travel documents and other identity documents , relied upon by Dr Fatah, explains that before marriage an individual will appear on pages in the family record with his or her parents and siblings and after any marriage he or she will be listed on pages including his or her spouse and any of their own children. Therefore, immediate family members will have the same file and page number in the family records. If a person’s family record is moved to a different file and/or page , the old record identifies this fact, as well as details of where any new record is to be found. The Civil Status Identity Document (“CSID”) is the most important document and is a gateway to all other identity documents. 14. Obtaining a replacement CSID requires production of evidence confirming identity. If a person has no documents to prove his identity it is possible to make a request to the National Status Court to issue a verdict as to that person’s identity. This requires such person to produce two witnesses, each of whom must have a CSID, who would have to convince a judge of the person’s identity and the fact that he/she has lost their CSID. The documentary record of this verdict can thereafter be produced to the Civil Status Office. This could take “three weeks or longer” depending on the area. The Baghdad office is busy. 15. Moving on to the economic situation in Iraq , Dr Fatah observed that the price of oil has crashed – oil revenue forming a significant part of Iraq ’s GDP. ISIL either destroys or controls output from the oil fields in the contested areas. The other industries in the contested areas have also disappeared. 16. ISIL have now taken control of Ramadi. It can reach places as close as 20 km from Baghdad . Over 100,000 people have fled from Ramadi. These IDPs are being put into documentation centres by the Iraqi authorities and are required to prove who they are. IDPs are supported by local and international agencies as well as the Iraqi authorities. This is a significant burden on such agencies. Under cross-examination 17. Dr Fatah maintained that the most unstable area of Iraq is the line of conflict south of the IKR border. He agreed: (i) that the violence in Mosul ‘ebbs and flows’; (ii) that the categorisation of the level of violence in particular areas of Iraq identified in his reports (i.e. high, medium, low or less than low) was undertaken by reference to the number of civilian deaths and injuries in those areas; (iii) Baghdad has a population of between 6 and 7 million people; and, (iv) the population of an area is a relevant consideration in the assessment of the intensity of violence in such area. He further observed that it is attractive to an insurgent group to penetrate into Baghdad because there are areas, such as market places, in which thousands of people can be killed in one incident – thus creating fear and media attention, which they seek. Dr Fatah also accepted that there is an underlying level of criminality in Baghdad , much as there is in all major cities around the world. He was unaware of any figures relating to this. 18. Dr Fatah continued by confirming that ISIL has never been in control of Baghdad , but that they do have influence in some neighbourhoods. Baghdad has a majority Shia population, although there are Sunni areas – these being identified in his first report. The curfew in Baghdad was lifted on 7 February 2015. There was no consistent wave of violence as a consequence of the lifting of the curfew. Although there were incidents on 10 February 2015, these could not be linked to the lifting of the curfew. 19. Dr Fatah was asked whether he thought Landinfo to be a reputable and reliable organisation – he confirmed he did. He agreed that communications, transport, trade and industry go on functioning in Baghdad – as he said, “Life goes on.” The roads in and to the south of Baghdad are not targeted by militia groups, but the checkpoints are. 20. Turning to the issue of documentation – if a person wishes to obtain a laissez-passer that person must convince the consulate of their nationality and identity. A person in the UK can use a family member or lawyer with a power of attorney in Iraq as a proxy in order to obtain identity documentation. For example, a family member or lawyer can attend court in Iraq on a person’s behalf to confirm such a person’s family record details. 21. Dr Fatah also said that if an individual had lost or wanted to renew his CSID in London , he would need to provide the Iraqi Embassy with the relevant reference numbers for his CSID before it would issue a replacement. He was specifically asked whether the parents of a person in London without a CSID could go to the Iraqi authorities, with their identity documentation, and obtain confirmation that the family record shows that they have a child and the date of the birth of such child. He saw no procedural problems with this. He cautioned, however, that it would be speculation to conclude that the consulate would necessarily accept the identity of a person in London as a consequence of production to them of the type of confirmation previously identified. The Iraqi family records confirm only that there is a person with such details. 22. The process and documents required to obtain CSID from the consulate in London is set out in the report of 27 February 2015 [paragraph 232 therein]. Notarised colour copies of a person’s parents’, or sibling’s, documents would probably suffice to prove a person’s identity – “It is necessary to prove who you are beyond reasonable doubt” . Dr Fatah noted that if a person in the UK did not have a CSID and had no family in Iraq it would be possible for a friend of that person, with a CSID and a power of attorney, to go to court in Iraq and vouch for such person’s identity. 23. Dr Fatah agreed that there is evidence of a ‘central archive’ in Baghdad – the issue is how comprehensive the archive is. The Kurdish authorities claim not to have sent any records to Baghdad since 1991. 24. As regards the IKR, there are flights there from Baghdad every second day and flights directly from London . Dr Fatah accepted that he had not interviewed anyone at Erbil airport when providing his opinion as to the requirements of entry into the IKR. He thought the imposition of entry requirements for the IKR to be arbitrary and dependent upon the person manning the entry point. He had spoken to an Iraqi national who had not been asked for a sponsor when travelling to the IKR in February/March 2015 but who had recently been informed that a sponsor was required. He believed that persons entering IKR to study require a sponsor and that Arabs are not wanted in the IKR – the UNHCR also agreed that single Arabs have problems entering the IKR. A Kurd from outside the IKR can obtain entry for 10 days as a visitor and then renew this for a further 10 days. If such a person finds employment they can remain for longer, although they will have to register with the authorities providing details of the employing company’s name. A work permit can also be renewed, however, if a person loses their employment they will have to leave the IKR. Dr Fatah was not aware of whether the IKR authorities proactively remove Kurds from the IKR whose permits have come to an end. Under re-examination 25. Dr Fatah averred that the ability to renew a visit permit for the IKR is event driven and dependent on the particular Asayish 2 officer considering the application. He did not think that the laissez-passer used by a person to return from the UK to Baghdad could be used for an onward trip to the IKR. The laissez-passer is a document valid for one trip and is likely to be taken by the authorities on arrival in Baghdad . 26. In response to questions from the Tribunal, Dr Fatah confirmed that on return to Iraq a current or expired Iraqi passport can be used to obtain a CSID. 27. Dr Fatah also said that in order to obtain a laissez-passer from the Iraqi consulate a person would need to demonstrate their nationality and identity and that consideration of the evidence would be on a case by case basis. He also said that he presumed that the individual would have to produce a photocopy of a previous passport and a report from the police confirming that it had been lost or stolen, a CSID or a nationality certificate. Landinfo, in its 2014 report, confirm the same. It would not be sufficient for an individual to simply provide the page and file number for his CSID. 28. After the hearing, and in response to questions raised by the Tribunal, Dr Fatah provided the following additional evidence by way of an e-mail dated 19 May 2015. He had visited Arbat IDP camp on the outskirts of Sulaymaniya in the KRG. The camp was divided according to ethnic and religious groups. It was expanding. The number of children was exceptionally high, there being 2300 families there. There were physical dangers in the camp such as a big pond with no barriers to protect the children. The camp is funded by local and international agencies. There is another camp in the same district housing Syrian refugees. As a consequence the public services in the area are under great pressure. The IDPs are not subject to the normal ‘visa’ requirements because they are controlled and registered with the Asayish. Entry and exit to the camp is controlled. IDPs are allowed to leave the camp to work, see friends and walk around. Dr Fatah understands that returned asylum seekers are not treated as IDPs. 29. Dr Fatah thereafter identified that USAID has provided evidence that each displaced family in Iraq is provided with one million Iraqi Dinar by the government unless the family is headed by a women over 35 in which case 500000 dinar is provided; single people receive 200000 Dinar. A CSID, INC or passport is required in order to register for these monies. Cash benefits are only provided to the head of household and family relationships must be documented. In the IKR IDPs need a copy of either their CSID, INC or passport in order to obtain a residency letter, without which the IDP may not be able to register for the monies or other services. IDPs are not permitted to travel within the IKR because residency cards are only applicable in the governorate of issue. All government procedures in the IKR are being delayed due to the large number of IDPs.