The Southern Governorates – Basra, Kerbala, Najaf, Muthana, Thi-Qar, Missan, Qadissiya and Wassit
114. Dr Fatah identifies that security incidents in the southern governorates of Iraq are “rare” - with Thi-Qar, Missan, Qadissiya and Wassit being almost entirely free of violence for some years and the mainly Sunni governorate of Muthana being “basically empty”. There were more regular security incidents in Basra and Kerbala, although not on the scale of the incidents in other parts of Iraq. The evidence given by Dr Fatah in relation to the Southern governorates accords with that provided in the April 2015 CIG report at [1.3.29], which recalls the number of civilian fatalities in 2014 in Thi-Qar and Muthana as being eight and six respectively, Basra as having 128 such fatalities, and in Kerbala 200 fatalities. The combined population of the eight governorates is 6.7 million. 115. Our attention has not been drawn to any evidence contradicting that which we have summarised above and, as a consequence, we have no hesitation in concluding that the evidence before us does not disclose that there is a real risk of serious harm – as defined in Article 15(c) – for an ordinary civilian in any of the southern governorates; nor does a person’s ethnicity, religion or sex – whether taken of itself or cumulatively - increase the risk of serious harm to such person so as to engage Article 15(c). 116. Although we have found that Article 15(c) is not engaged for an ordinary civilian in the Southern governorates we are also required to consider issues of safety arising during the process of return to a person’s home area – this being part of the decision on status entitlement (
- 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
