Tb (Psg – Women)

The Appellant, who is a national of Iran, appeals with permission against the determination of an Adjudicator Mr Michael Watters promulgated 13 May 2004, wherein he dismissed an appeal against the decision of the Respondent who had refused to vary leave to enter or remain and asylum and human rights claims. We were provided with an Appellant's bundle, a country expert report by Ms Anna Enayat – Senior Associate, St Anthony's College, Oxford, a skeleton argument, list of essential reading, and copies of decisions in ZH (Women as a Particular Social Group) Iran CG[2003] UKIAT 00207, JO (Internal Relocation – No Risk of Re-trafficking) Nigeria[2004] UKIAT 00251 and Ozkan Degirmanci[2004] EWCA Civ 1553 by Mr Behbahani. A copy of the October 2004 Iran Country Report from the Country Information and Policy Unit of the Home Office was provided by the Respondent. When I granted permission in this matter I was satisfied that the grounds showed a basis for an appeal and that both sufficiency of protection available to this Appellant and her ability to relocate within Iran could be argued. The treatment of the membership of a particular social group issue by the Adjudicator was also clearly at issue.

The Adjudicator noted the Appellant was a 20 year old, single woman from Iran. She gave evidence along with her mother and step–sister. The Appellant's claim was summarised in paragraph 7 of the determination in the following manner:

• “i. The Appellant's father is a Colonel of the Entezami Force (police force) and a member of Etelaat (intelligence service). He was wounded twice in the war between Iran and Iraq. Due to an injury the Appellant's father suffered a personality change he became moody and unpredictable. He started berating and hurting the family. The Appellant's mother wanted to get a divorce.

• ii. In 1989 the Appellant and her mother left her father and went to Mashad and stayed there for five days. On the sixth day the Authorities raided the house and arrested the Appellant's mother who was accused of escaping from home and kidnapping the Appellant. The Appellant and her mother were required to return home and her mother was badly beaten by her father.

• iii. In 1991 the Appellant's father attacked her mother and step–sister. They were taken to hospital. The Appellant's uncle encouraged her mother to make a complaint to the Authorities against her father. Four months after the complaint the Appellant's uncle was accused of political activities against the regime and he was executed. The Appellant's father threatened to have the Appellant and her mother killed if they did anything against him.

• iv. In 1996 the Appellant's mother tried to commit suicide.

• v. On 9 July 2001 the Appellant and her mother were in her aunt's building. They saw demonstrators attacked in the street by the security forces and the Appellant and her mother opened the door of their building and let some of them in. The Appellant and her mother were arrested. Haj [AR], a friend of the Appellant's father arranged for them to be released. He was a Mullah and head Aghidati-Siasi Department of Entezami Forces. He was a friend of the Appellant's father.

• vi. In 2003 the Appellant obtained a diploma in mathematics and passed an entrance exam to go to university. On 23 October 2003 the Appellant's father told her that Haj [A R] wanted to marry the Appellant. The Appellant's father was very pleased. Mr AR was about 60 years of age and already married with four children. The Appellant wished to continue her studies at university and she did not wish to marry. Mr AR gave the Appellant a ring and they were formally engaged. A wedding date was set. The Appellant and her mother decided to leave Iran and go to the UK.

• vii. On 4 November 2003 the Appellant and her mother arrived in the United Kingdom.

• viii. On 6 November 2003 the Appellant's father telephoned the Appellant's step-sister and demanded that the Appellant and her mother return to Iran.”

The Adjudicator then, after noting the decision of the Respondent, considered the background material, including the CIPU Report for October 2003 and other objective material produced by the Appellant's representatives, which he accepted as material. He noted from that while the Constitution, adopted by Iran, granted women and men equal rights, women however did face social and legal discrimination. They could work or study but the choice was dependent upon the husband. The state enforced segregation in most public places and prohibited women and men mixing openly. Women suffered discrimination in the legal code particularly in family and property matters. He went on to note that little detail was known of the degree of domestic violence, although surveys indicated that the level of domestic violence was very high, that women had almost no legal redress and that there was a fair amount of social tolerance of domestic violence.

He noted the two types of marriage, permanent and temporary, and the fact that the husband could terminate a marriage at any time and that men were allowed up to four permanent wives and unlimited number of temporary wives.

He then made his findings of credibility and fact. Firstly, from the oral evidence of the Appellant, he noted that she had visited the United Kingdom on two previous occasions. The first of these was three or four years before the hearing and the second occasion seven or eight months before. During the last trip to the UK the Appellant said she did not claim asylum, as her father had not threatened to marry her to the Mullah at that time. She said that her main fear now was of the arranged marriage to the Mullah who was 60 years of age and had four children and she had heard from her father that “he had signed orders for executions”. The findings of the Adjudicator, in relation to the Appellant's mother's evidence, taken from her statement and evidence at the hearing, were noted. She had visited the United Kingdom with the Appellant on a number of occasions and always returned to Iran at the end of the visits. She said that the problem was with her husband and his intention to force the Appellant to marry one of his associates. She knew what her husband and his friends were capable of and they were really scared. She advised that she did not need her husband's permission every time she left Iran as he had given permission once and this was sufficient. She also stated that she had tolerated the abuse of her husband, as he was an influential man. She did not wish to claim asylum herself before this, but now that her daughter was in danger she felt that she had to. She feared they would both be killed if they were returned to Iran.

Evidence from the Appellant's step–sister was also noted. She adopted her witness statement. She had lived in the United Kingdom since 1997 and been granted permanent residence based on her marriage in 1997. She said that her mother had visited the UK on five occasions the Appellant on three, including the present visit. She also recorded she had personally received ill treatment from her stepfather and still had scarring as a result of that. She had never thought that the Appellant and her mother would claim asylum but the proposed marriage to the Mullah had changed all that.

It was noted that it was clear from the objective evidence that the Appellant, who was over the age of 18, did not require permission from her father to leave Iran.

The Adjudicator accepted the credibility of the Appellant's accounts “of the incidents she related as having occurred to her and her mother.”

His findings were then set out in paragraph 20–22 where he stated:

• “20. In Shah and Islam (1999) IMM AR 283 the House of Lords held that women in Pakistan constituted “a particular social group”. In Iran, as in Pakistan there is discrimination against women in matters of fundamental human rights on the ground that they are women. I am persuaded by the evidence presented to me that there is institutionalised discrimination against women by organs of the State in Iran. I have to consider whether the Appellant will face persecution if she were to be returned to Iran. The Appellant could have attempted to seek redress through the proper Authorities before seeking international protection. At question 44 of the asylum interview the Appellant stated that the actions of her father and the Mullah were illegal, but at no time did she seek protection from the relevant Authorities in Iran.

• 21. Even if I am wrong that there is a real risk for the Appellant in her home area, she could get round that risk by moving elsewhere within Iran. It would not be unduly harsh to expect the Appellant to relocate. She is a young woman and while she might find it difficult to find housing and employment these matters are not determinative.

• 22. Mr Behbahani submitted that the Appellant's rights under Article 3 of the 1950 Convention are engaged. For the reasons I have set out above, I am not satisfied that the Appellant faces a real risk of suffering inhuman or degrading treatment, were she to return to Iran.”

Mr Behbahani invited us to agree that, given the particular circumstances of this Appellant, as were accepted by the Adjudicator, she was entitled to surrogate protection under both the Refugee Convention and the ECHR. He asked us to note from the determination in ZH (paragraph 50) that the Tribunal had stated:

“It is...