Case No. UKUT-00544-(IAC)

68. The Respondent accepts that the overall security situation in Iraq has deteriorated since HM2 . Mr Blundell summarised the Respondent’s position on the issue of whether an Article 15(c) risk exists in Iraq in the following terms (i) There currently exists a state of internal armed conflict between the GoI and ISIL, with violence principally in the northern, central and western areas of the country; (ii) In parts of Anbar, Diyala, Kirkuk (Tameen), Ninewah and Salah Al-din governorates, which are occupied by ISIL or where there is open conflict between GoI and ISIL (the contested areas), the Respondent accepts that Article 15(c) would apply to a civilian with no distinguishing characteristics (“an ordinary civilian”) simply by virtue of his/her presence there; (iii) In Babil governorate, the security situation has deteriorated but not to such an extent that an ordinary civilian would face an Article 15(c) risk there; (iv) In the governorates of Basra, Kerbala, Najaf, Muthana, Thi-Qar, Missan, Qadissiya and Wassit (“the southern governorates”), the security situation has remained relatively stable and would not be sufficient to demonstrate an Article 15(c) risk for an ordinary civilian: (v) In Baghdad city and Baghdad governorate the security situation has deteriorated but not to such an extent that an ordinary civilian, merely on account of his presence there, would face an Article 15(c) risk; and, (vi) The situation in the IKR remains stable and does not engage Article 15(c). (vii) Status as a Sunni, Shia or Kurd is not, of itself, sufficient to give rise to an Article 15(c) risk in any of the governorates in which there is otherwise no Article 15(c) risk for ordinary civilians. 69. As regards internal relocation to Baghdad for those who can demonstrate an Article 15(c) risk in their home area, the Respondent submits as follows in relation to the security situation in Baghdad : (i) There is a 0.05% civilian death rate, 0.12% civilian injury rate and, therefore, a 0.17% civilian casualty rate in Baghdad . These figures do not indicate a serious risk for an ordinary civilian; (ii) There has been a significant net migration of 260,000 persons into Baghdad by displaced persons – the evidence demonstrating that Sunnis in particular are moving to the capital. This is a strong indication that, from the perspective of Iraqis, the security situation in Baghdad is not seen as posing a risk of serious harm; (iii) The night time curfew in Baghdad has recently been lifted, thus supporting the fact that there is no Article 15(c) risk there; (iv) The evidence confirms that no particular groups are at risk in Baghdad and there are no particular hotspots; (v) To the extent that there are incidents of violence in Baghdad governorate, the situation in Baghdad city is more stable than in the surrounding Baghdad Belts. The attacks in Baghdad city are of a more limited nature than those in the suburbs. (vi) The situation in Baghdad Belts does not engage Article 15(c), although it is accepted that it does carry a higher risk than the city itself. 70. At paragraph 50 of the skeleton argument, the Respondent reproduces the following passage from her December 2014 Guidance Note: “ A person returned to Iraq who was unable to replace their Civil Status ID Card or Nationality Certificate would be likely to face significant difficulties in accessing services and a livelihood and would face destitution which is likely to reach the Article 3 threshold.” 71. The Respondent further identifies that returns to Baghdad will only take place if a person has either a current passport, expired passport or a laissez-passer, which will involve pre-clearance with the Iraqi authorities and hence confirmation of Iraqi identity. The Tribunal’s attention was thereafter drawn to the December 2014 Country Information Guidance Note on Iraq . 72. On the issue of the existence of a Central Archive in Baghdad , the Respondent agrees that Dr Fatah’s third report provides a fair summary of the position. It is possible in certain circumstances to obtain replacement civil documentation in Baghdad . There are two alternative offices for civil status affairs - in Baghdad and Najaf – where IDPs from Mosul , Anbar and Salahaddin can obtain replacement documentation. An individual appellant would have to demonstrate why they did not have their documents, how they were able to leave Iraq without them and why they had been unable to reacquire these documents from the UK . It is asserted, however, that consideration of the position of ‘undocumented returns’ is academic because a person will be returned to Baghdad with a passport, expired passport, or laissez-passer – the latter requiring a person’s identity to be proven to the Iraqi consulate before it is issued. 73. The Respondent’s position on internal relocation to the IKR is as set out at paragraphs 1.3.58 to 1.3.61 of the December CIG i.e. that it is not unreasonable or unduly harsh for persons originating from outside the IKR to internally relocate there. Persons of Kurdish ethnicity do not require a sponsor to enter the IKR and would not be perceived as a security risk. It is accepted that where a person has no established links to the IKR and is of Arab or Turkmen ethnic origin, internal relocation will be difficult even if identity documents are in order. A sponsor may be required and entry may be refused due to security concerns. 74. In relation to the Appellant, the Respondent accepted that there would be an Article 15(c) risk to him in the Kirkuk region but submitted that it would not be unreasonable for him to relocate to either Baghdad , the southern governorates or the IKR.