AZ (Risk-Ahmadi)
| Jurisdiction | England & Wales |
| Judge | T B Davey,Chairman |
| Judgment Date | 15 July 2002 |
| Neutral Citation | [2002] UKIAT 2642 |
| Docket Number | APPEAL NO: HX34015-2001 |
| Court | Immigration Appeals Tribunal |
| Date | 15 July 2002 |
[2002] UKIAT 2642
IMMIGRATION APPEAL TRIBUNAL
Mr T B Davey (Chairman)
Mr M L James
Mr A G Jeevanjee
APPEAL NO: HX34015-2001
Appellant: Mr P Walsh, Counsel instructed by Thronhill Ince
Respondent: Mr C Buckley, Senior Presenting Officer
AZ (Risk-Ahmadi) Pakistan CG
Appeal dismissed
The appellant a citizen of Pakistan born on the 1 January 1957 appeals the decision of an Adjudicator (Mrs A K Simpson) who dismissed his appeal against a decision of the respondent to issue removal directions following the refusal of an asylum claim on the 11 July 2001.
Leave to appeal was given by the Tribunal on the 26 February 2002
“on the basis that it is arguable that the basis on which on the Adjudicator finds that there is a sufficiency of protection for the appellant, an Ahmadi, is not clear.”
The basis of the appellant's claim is that he grew up as a Muslin in the area of Gujranwala with his wife and child. But at the age of nearly 40 years he became Ahmadi.
The Adjudicator accepted that this was a genuine conversion to the Ahmadi faith but went onto consider whether or not there was a risk of persecution or mistreatment contrary to his Human Rights were he to return to Pakistan. The Adjudicator concluded that within the appellant's home village there was a real risk that he would suffer ill treatment at the hands of his brothers and fellow villagers were he to return there. The Adjudicator concluded that even if the local police to his village were unsympathetic to his plight it did not mean that as a generality that was true throughout Pakistan and that there was no basis for his fear that he would not be protected were he to be elsewhere in within Pakistan. The Adjudicator set out in summary form at paragraphs 16 – 26 information that had been put before her concerning Ahmadi's and their treatment in Pakistan. The Adjudicator correctly refers to the relevant case law and reached a judgement that there was a sufficiency of protection through the structure of the legal system and recourse to the authorities. Accordingly there was no basis for his claim to succeed.
The Adjudicator acknowledged that Ahmadi's were generally discriminated against and suffer religious intolerance. She also noted that Ahmadi's were not exempt from the protection of the criminal law and perpetrators of violent attacks upon them would be punished if apprehended. The Adjudicator in summary form stated at paragraph 34 “in the light of the improving situation in Pakistan and the Pakistani government's appeal for religious tolerance and respect for Human Rights, I find that there is in Pakistan a sufficiently of protection as will enable the appellant to return there in safety”. The Adjudicator therefore rejected the appellant's claim under the Refugee Convention but correctly went on to consider at what risk of ill treatment there might arise on return to Pakistan.
The appellant's representative before us cited a significant number of references in the background material provided through the CIPU Report on Pakistan, Amnesty International, Human Rights...
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