AA (Non-Arab Darfuris – relocation)
| Jurisdiction | England & Wales |
| Judge | Senior Immigration Judge Allen |
| Judgment Date | 04 November 2009 |
| Neutral Citation | [2009] UKAIT 56 |
| Court | Asylum and Immigration Tribunal |
| Date | 04 November 2009 |
[2009] UKAIT 56
Asylum and Immigration Tribunal
THE IMMIGRATION ACTS
SENIOR IMMIGRATION JUDGE Allen
SENIOR IMMIGRATION JUDGE Lane
For the Appellant: Ms S McEwen, Legal Representative, Refugee and Migrant Justice
For the Respondent: Mr E Tufan, Home Office Presenting Officer
AA (Non-Arab Darfuris — relocation) Sudan CG
All non-Arab Darfuris are at risk of persecution in Darfur and cannot reasonably be expected to relocate elsewhere in Sudan. HGMO (Relocation to Khartoum) Sudan CG [2006] UKAIT 00062is no longer to be followed, save in respect of the guidance summarised at (2) and (6) of the headnote to that case.
The appellant is a citizen of Sudan. He appealed to an Immigration Judge against the Secretary of State's decision on 8 September 2008 to remove him as an illegal entrant from the United Kingdom.
Little more need be said about the Immigration Judge's determination, given that it was successfully challenged and on 16 March 2009 a Senior Immigration Judge ordered a full second stage reconsideration hearing. A copy of that determination is annexed hereto.
The second stage reconsideration took place before us on 4 November 2009. Ms S McEwen of Refugee and Migrant Justice appeared on behalf of the appellant. Mr E Tufan appeared on behalf of the Secretary of State.
It was common ground that the appeal fell to be allowed. The UK Border Agency produced an Operational Guidance Note (OGN) on Sudan on 2 November 2009. At paragraph 3.8.9 we find the following:
“3.8.9 Ordinary non-Arab Darfuris are not thought to be subject to systematic persecution outside Darfur and the courts have found that it is not unduly harsh to expect them to internally relocate to Khartoum. However, those decisions predated the developments and reports referred to at paragraph 3.9.4 to 3.9.7 below, and restrictions on the operations of NGOs – a key source of country of origin information on Sudan – have meant that we have been unable to obtain sufficient reliable information to be able to assess accurately whether there is a continued heightened risk to non-Arab Darfuris in Khartoum. In light of the fact that we do not yet have sufficient information to allay the concerns raised in the reports, case owners should not argue that non-Arab Darfuris can relocate internally within Sudan.
3.8.10 Conclusion. All non-Arab Darfuris, regardless of their political or other affiliations, are at real risk of persecution in Darfur and internal relocation elsewhere in Sudan is not currently to be relied upon....
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