Upper Tribunal (Immigration and asylum chamber), 2020-05-01, [2020] UKUT 130 (IAC) (AS (Safety of Kabul) (CG))
| Jurisdiction | UK Non-devolved |
| Judge | Upper Tribunal Judge Blum, Upper Tribunal Judge Sheridan |
| Status | Reported |
| Date | 01 May 2020 |
| Published date | 04 May 2020 |
| Hearing Date | 14 January 2020 |
| Court | Upper Tribunal (Immigration and Asylum Chamber) |
| Subject Matter | Safety of Kabul) (CG |
| Appeal Number | [2020] UKUT 130 (IAC) |
Upper Tribunal
(Immigration and Asylum Chamber)
AS (Safety of Kabul) Afghanistan CG [2020] UKUT 00130(IAC)
THE IMMIGRATION ACTS
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Heard at Field House |
Decision & Reasons Promulgated |
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On 19 and 20 November 2019 and 14 January 2020 |
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………………………………… |
Before
UPPER TRIBUNAL JUDGE BLUM
UPPER TRIBUNAL JUDGE SHERIDAN
Between
AS
(ANONYMITY DIRECTIOn MADE)
Appellant
and
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
Representation
For the Appellant: Ms Naik QC, Mr Toal and Ms Loughran, Counsel instructed by J D Spicer Zeb Solicitors
For the Respondent: Mr Singh QC, Counsel instructed by the Government Legal Department
COUNTRY GUIDANCE
Risk on return to Kabul from the Taliban
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A person who is of lower-level interest for the Taliban (i.e. not a senior government or security services official, or a spy) is not at real risk of persecution from the Taliban in Kabul.
Risk of serious harm in Kabul
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There is widespread and persistent conflict-related violence in Kabul. However, the proportion of the population affected by indiscriminate violence is small and not at a level where a returnee, even one with no family or other network and who has no experience living in Kabul, would face a serious and individual threat to their life or person by reason of indiscriminate violence.
Reasonableness of internal relocation to Kabul
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Having regard to the security and humanitarian situation in Kabul as well as the difficulties faced by the population living there (primarily the urban poor but also IDPs and other returnees, which are not dissimilar to the conditions faced throughout many other parts of Afghanistan) it will not, in general, be unreasonable or unduly harsh for a single adult male in good health to relocate to Kabul even if he does not have any specific connections or support network in Kabul and even if he does not have a Tazkera.
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However, the particular circumstances of an individual applicant must be taken into account in the context of conditions in the place of relocation, including a person’s age, nature and quality of support network/connections with Kabul/Afghanistan, their physical and mental health, and their language, education and vocational skills when determining whether a person falls within the general position set out above. Given the limited options for employment, capability to undertake manual work may be relevant.
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A person with a support network or specific connections in Kabul is likely to be in a more advantageous position on return, which may counter a particular vulnerability of an individual on return. A person without a network may be able to develop one following return. A person’s familiarity with the cultural and societal norms of Afghanistan (which may be affected by the age at which he left the country and his length of absence) will be relevant to whether, and if so how quickly and successfully, he will be able to build a network.
Previous Country Guidance
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The country guidance in AK (Article 15(c)) Afghanistan CG [2012] UKUT 163 (IAC) in relation to Article 15(c) of the Qualification Directive remains unaffected by this decision.
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The country guidance in AK (Article 15(c)) Afghanistan CG [2012] UKUT 163 (IAC) in relation to the (un)reasonableness of internal relocation to Kabul (and other potential places of internal relocation) for certain categories of women remains unaffected by this decision.
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The country guidance in AA (unattended children) Afghanistan CG [2012] UKUT 00016 (IAC) also remains unaffected by this decision.
DECISION AND REASONS
Table of Contents
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Appendices |
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Appendix A: Summary of documentary evidence Appendix B: Error of Law Decision |
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Glossary
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Afs COI |
Afghani (Afghan currency) Country of Origin Information
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EASO
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European Asylum Support Office |
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European Convention on Human Rights
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GDP
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Gross domestic product |
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HRW
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Human Rights Watch |
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IDPs
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Internally displaced persons
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IEDs |
Improvised explosive devices
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IRA/IFA |
Internal relocation alternative/Internal flight alternative
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IOM |
International Organisation for Migration
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OCHA
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UN Office for Coordination of Humanitarian Affairs |
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The Panel |
The panel of judges who gave the 2018 UT decision
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The Qualification Directive or QD |
EU Council Directive 2004/83/EC |
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Refugee Convention |
Convention and Protocol relating to the status of Refugees
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UN
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United Nations |
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UNAMA
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UN Assistance Mission in Afghanistan |
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UNHCR
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UN High Commissioner for Refugees |
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2003 UNHCR Guidelines |
UNHCR Guidelines on International Protection: “Internal Flight or Relocation Alternative” within the Context of Article 1A(2) of the 1951 Convention and/or 1967 Protocol relating to the Status of Refugees, dated July 2003
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2016 UNHCR Guidelines |
UNHCR Eligibility Guidelines for assessing the international protection needs of asylum seekers from Afghanistan, dated 19 April 2016
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The 2018 UNHCR Guidelines |
UNHCR Eligibility Guidelines for assessing the international protection needs of asylum seekers from Afghanistan, dated 30 August 2018
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The 2018 UT decision |
AS (Safety of Kabul) Afghanistan CG [2018] UKUT 118 (IAC)
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The 2019 Court of Appeal decision |
AS (Afghanistan) v Secretary of State for the Home Department [2019] WLR(D) 304, [2019] 4 All ER 855, [2019] EWCA Civ 873
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The 2019 UNHCR Submissions |
Submissions in the case of MJ v Netherlands (application no. 49256/18) before the ECtHR dated 6 December 2019
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The 2019 COI UNHCR Report
The 2019 EASO Guidance |
UNHCR, Afghanistan: Compilation of country of origin information relevant for assessing the availability of internal flight, relocation or protection alternative to Kabul, dated December 2019 EASO Country Guidance: Afghanistan, Guidance Note and Common Analysis, dated June 2019
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The UNHCR Documents |
The 2018 UNHCR Guidelines, the 2019 UNHCR Submissions and the 2019 COI UNHCR Report |
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Introduction
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On 23 March 2018 the Upper Tribunal (Upper Tribunal Judges Allen and Jackson) promulgated a Country Guidance decision AS (Safety of Kabul)...
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