Januzi
and requires the decision maker to consider the general circumstances prevailing in the country concerned and the personal circumstances of the person.”
20. We reject Dr Chelvan ’s submission that the burden of establishing that relocation to a place identified by the respondent would be unduly harsh rests with the respondent as a result of its duty to cooperate, pursuant to the case of MM. In our judgment, MM merely confirms a duty of cooperation at the stage of assessment, for example the production of the country information reports; and does not impose a burden on the respondent or result in a formal sharing of the burden of proof. If such a requirement was imposed a result of MM , we would have expected the CJEU has said so clearly. We do not accept that as a result of MM,
AMM is no longer an authority that we should follow. We refer to paragraphs [219] to [225] of AMM: 219. The appellants submitted that in view of Article 8 "it is not for the asylum seeker to establish that he or she has no internal relocation alternative. A claim must succeed if the asylum seeker establishes the relevant risk unless the Tribunal is satisfied by the evidence before it (a) that there is a part of the country where there is no relevant risk and (b) that the asylum seeker can reasonably be expected to stay there."
220. Mr Eicke submitted that Article 8 of the Qualification Directive does not make any statement as to the procedural mechanisms by which the Member State "may determine" that there is an internal relocation alternative.
Procedural rules are separately provided for under the Procedures Directive (2005/85) but no provision in support of the appellants' contention has been identified in that Directive. Furthermore, it was a general principle of European Union law that, subject to the principles of effectiveness and equivalence, Member States enjoy procedural autonomy enabling them to lay down the detailed procedural rules applicable to the enforcement of any EU law right.
221. That submission seems to us to be plainly right. It does not, however, dispose of the appellants' submissions on this issue, since they also relied upon domestic authority.
222. In Jasim
- AMM and others (conflict; humanitarian crisis; returnees; FGM) Somalia CG
- MM v Minister for Justice, Equality and Law Reform, Ireland (Common European Asylum System – Directive 2004/83/EC)
- SSHD v SC
- AMM,
- Januzi
- v Secretary of State for the Home Department
- [2000] EWCA Civ 11
- Albania
- TD and AD (Trafficked women)
- Notice of Decision
- FEE AWARD
- Before
- UPPER TRIBUNAL JUDGE DAWSON
- Between
- Representation
