Upper Tribunal (Immigration and asylum chamber), 2014-12-15, [2014] UKUT 569 (IAC) (AK & SK (Christians: risk) (CG))
| Jurisdiction | UK Non-devolved |
| Judge | Upper Tribunal Judge Peter Lane, Upper Tribunal Judge Kekić |
| Status | Reported |
| Date | 15 December 2014 |
| Published date | 23 December 2014 |
| Court | Upper Tribunal (Immigration and Asylum Chamber) |
| Hearing Date | 24 July 2014 |
| Subject Matter | Christians: risk) (CG |
| Appeal Number | [2014] UKUT 569 (IAC) |
Upper Tribunal
(Immigration and Asylum Chamber)
AK and SK (Christians: risk) Pakistan CG [2014] UKUT 00569 (IAC)
THE IMMIGRATION ACTS
|
Heard at Field House |
Determination Promulgated |
|
On 16, 17, 19 and 20 June 2014 |
|
|
The Royal Courts of Justice On 24 July 2014 |
………………………………… |
Before
UPPER TRIBUNAL JUDGE PETER LANE
UPPER TRIBUNAL JUDGE KEKIĆ
Between
AK
SK
Appellants
and
SECRETARY OF STATE FOR
THE HOME DEPARTMENT
Respondent
Representation:
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
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
Abbreviations
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
CRC: The Convention on the Rights of the Child
CRPD: The Convention on the Rights of Persons with Disabilities
CRSS: Centre...
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