AK and SK (Christians: risk)
| Jurisdiction | UK Non-devolved |
| Judge | Upper Tribunal Judge Kekic,Upper Tribunal Judge Peter Lane |
| Judgment Date | 24 July 2014 |
| Neutral Citation | [2014] UKUT 569 (IAC) |
| Date | 24 July 2014 |
| Court | Upper Tribunal (Immigration and Asylum Chamber) |
[2014] UKUT 569 (IAC)
Upper Tribunal
(Immigration and Asylum Chamber)
THE IMMIGRATION ACTS
UPPER TRIBUNAL JUDGE Peter Lane
UPPER TRIBUNAL JUDGE Kekic
For the Appellants: Ms S Jegarajah and Ms S Pinder, Counsel instructed by Wimbledon Solicitors
For the Respondent: Mr S Walker, Senior Home Office Presenting Officer
AK and SK (Christians: risk) Pakistan CG
1. Christians in Pakistan are a religious minority who, in general, suffer discrimination but this is not sufficient to amount to a real risk of persecution.
2. Unlike the position of Ahmadis, Christians in general are permitted to practise their faith, can attend church, participate in religious activities and have their own schools and hospitals.
3. Evangelism by its very nature involves some obligation to proselytise. Someone who seeks to broadcast their faith to strangers so as to encourage them to convert, may find themselves facing a charge of blasphemy. In that way, evangelical Christians face a greater risk than those Christians who are not publicly active. It will be for the judicial fact-finder to assess on a case by case basis whether, notwithstanding attendance at an evangelical church, it is important to the individual to behave in evangelical ways that may lead to a real risk of persecution.
4. Along with Christians, Sunnis, Shi'as, Ahmadis and Hindus may all be potentially charged with blasphemy. Those citizens who are more marginalised and occupy low standing social positions, may be less able to deal with the consequences of such proceedings.
5. The risk of becoming a victim of a blasphemy allegation will depend upon a number of factors and must be assessed on a case by case basis. Relevant factors will include the place of residence, whether it is an urban or rural area, and the individual's level of education, financial and employment status and level of public religious activity such as preaching. These factors are not exhaustive.
6. Non state agents who use blasphemy laws against Christians, are often motivated by spite, personal or business disputes, arguments over land and property. Certain political events may also trigger such accusations. A blasphemy allegation, without more, will not generally be enough to make out a claim under the Refugee Convention. It has to be actively followed either by the authorities in the form of charges being brought or by those making the complaint. If it is, or will be, actively pursued, then an applicant may be able to establish a real risk of harm in the home area and an insufficiency of state protection.
7. Like other women in Pakistan, Christian women, in general, face discrimination and may be at a heightened risk but this falls short of a generalised real risk. The need for a fact sensitive analysis is crucial in their case. Factors such as their age, place of residence and socio-economic milieu are all relevant factors when assessing the risk of abduction, conversions and forced marriages.
8. Relocation is normally a viable option unless an individual is accused of blasphemy which is being seriously pursued; in that situation there is, in general, no internal relocation alternative.
| TABLE OF CONTENTS | Paragraphs |
| Abbreviations | |
| Introduction | 1–2 |
| • Issues | 3 |
| • Format of the determination | 4 |
| • Details of the appellants' claims | 5–10 |
| • Procedural background and findings of the First-tier Tribunal | 11–17 |
| • Evangelism and Christianity: definition and interpretation | 18–19 |
| Pakistan: map, general facts and information | 20–36 |
| Legal Framework: | |
| • The Pakistan Penal Code and the Blasphemy Laws | 37–50 |
| • Relevant International Treaties | 51 |
| • The Constitution | 52–56 |
| • The Judicial System | 57–62 |
| • The Police | 63–66 |
| • Legal Aid Groups | 67–72 |
| Frequency of Blasphemy Allegations | 73–87 |
| The experts and other witnesses | 88–96 |
| Country information: | |
| • Reports of incidents of harm to Christians and those assisting them | 97–99 |
| • UNHCR Eligibility Guidelines for Assessing the International Protection Needs of Members of Religious Minorities from Pakistan (14 May 2012) | 100–104 |
| • Christian Solidarity Worldwide (CSW). Briefing on Pakistan: Religious freedom in the shadow of extremism (June 2011) | 105–111 |
| • Writenet Independent Analysis. Pakistan: The Situation of Religious Minorities (May 2009) | 112–117 |
| • Amnesty International Annual report on Pakistan for 2013 | 118 |
| • UK Home Office country of origin information service, Pakistan report (August 2013) | 119–131 |
| • Human Rights Watch report on Pakistan (2014) | 132 |
| • Immigration and Refugee Board of Canada. Pakistan: Situation of Christians in Pakistan including social and government attitudes, treatment and rights 2010–2012 (14 January 2013) | 133–138 |
| • Inter Press Service News Agency (23 October 2013) | 139 |
| • US Commission for International Religious Freedom report (2013) | 140–141 |
| • The Federal Republic of Austria, Federal Asylum Agency | |
| Fact Finding Mission report on Pakistan (June 2013) | 142–154 |
| • Foreign and Commonwealth Office: Christians in Pakistan (16 December 2013) | 155–161 |
| • Foreign & Commonwealth Office. Human Rights and Democracy report on Pakistan for 2012 (latest update 31 December 2013 | 162–163 |
| • Human Rights Commission of Pakistan report for 2013 | 164–169 |
| • Australian Government Refugee Review Tribunal. Issues Paper: Pakistan Militant Groups (January 2013) | 170 |
| • Radio Free Europe: Pakistan religious leaders declare attack on Christians un-Islamic (24 September 2013) | 171–172 |
| • BBC news article (13 May 2014) | 173 |
| • Other news articles | 174 |
| Summary of submissions | 175–177 |
| Our assessment | |
| • The starting point | 178–185 |
| • The experts and other witnesses | 186–206 |
| • The risk of false blasphemy allegations | 207–215 |
| • Religious practice | 216–218 |
| • Discrimination | 219–222 |
| • Evangelists | 223–224 |
| • Sufficiency of protection | 225–226 |
| • Internal relocation | 227–231 |
| • Women, Forced conversions and abductions | 232–239 |
| Country guidance | 240–247 |
| Our conclusions on the appellants | 248–262 |
| Decision | 263–264 |
| Appendices : | Page | |
| Appendix 1: | Decision on Rule 15(2A) application | 81–82 |
| Appendix 2: | Evidence of AK | 83–91 |
| Appendix 3: | Evidence of SK | 92–100 |
| Appendix 4: | Evidence of Zimran Samuel | 101–109 |
| Appendix 5: | Evidence of Asma Jahangir | 110–114 |
| Appendix 6: | Evidence of Pastor Jeremy Sandy | 115–116 |
| Appendix 7: | Evidence of Pastor Taylor-Black | 117–118 |
| Appendix 8: | Evidence of Bishop Ijaz Inayat Masih | 119–122 |
| Appendix 9: | Evidence of Pastor Waugh | 123 |
| Appendix 10: | Evidence of Reverend Stuart Rodney Windsor | 124–126 |
| Appendix 11: | Submissions for the respondent | 127 |
| Appendix 12: | Submissions for the appellants | 128–129 |
| Appendix 13: | Overview of Case Law | 130–135 |
| Appendix 14: | Agreed Index of Materials | 136–140 |
AHRC: Asia Human Rights Cell
AI: Amnesty International
ALAC: AGHS Legal Aid Commission
APMA: All Pakistan Minorities Alliance
APUC: All Pakistan Ulema Council
BPCA: British Pakistan Christian Association
CEDAW: The Convention on the Elimination of all Forms of Discrimination against Women
CLAAS: Centre for Legal Aid, Assistance and Settlement
CII: Council of Islamic Ideology
COIR: Country of Origin Information Report
CRSS: Centre for Research and Security
CSC: Christian Study Centre
CSW: Christian Solidarity Worldwide
EAC: Evangelical Christian Church
FCO: Foreign and Commonwealth Office
FIEC: Fellowship of Independent Evangelical Churches
FIR: First Information Report
FSC: Federal Shariat Courts
HRW: Human Rights Watch
ICC: International Christian Concern
ICCPR: The International Covenant on Civil and Political Rights
ICERD: International Convention on the Elimination of All Forms of Racial Discrimination
IRB: Immigration and Refugee Board of Canada
JAC: Joint Action Committee
JI: Jinnah Institute
LADS: Legal Aid for Destitute and Settlement
NGO: Non Governmental Organisation
NCJP: National Commission on Justice and Peace
PATA: Provincially Administered Tribal Areas
PAWLA: Pakistan Women Lawyers' Association
PIL: Pakistan Interfaith League
PILAP: Pakistan Interfaith League Against Poverty
PML-N: Pakistan Muslim League — Nawaz
PPC: Pakistan Penal Code
UNCAT: The UN Convention Against Torture
UPR: Universal Periodic Review of the Human Rights Council
USCIRF: United States Commission on International Religious Freedom
UNHCR: United Nations High Commissioner for Refugees
WAF: Women's Action Forum
These appeals involve Christians in Pakistan. The appellants are a brother and sister who seek to establish that they would be at real risk from extremist groups if returned, whether to their home area or to other parts of the country. Their appeals were dismissed by a First-tier Tribunal Judge whose decision was set aside for re-making.
The respondent does not take issue with the appellants' claims that they are Christians by birth and that they practise their faith in the UK in evangelical churches.
The list of issues as agreed by the parties is:
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(i) What is the risk of a false blasphemy allegation being levelled against the appellants as Christians?
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(ii) What is the risk of forced conversion to Islam?
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(iii) Is there serious...
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