DS (Persecution- Risk-Return) China  UKIAT 02340
Date of hearing: 3 May 2002
Date Determination notified: 4 July 2002
|Secretary of State for the Home Department||RESPONDENT|
'Quite how the respondent intends to return the appellant to Tibet is not clear, but none of the foregoing indicates that the appellant will be persecuted or subjected to inhuman or degrading treatment on her return to Tibet. Although the interrogations may be harrowing, there is nothing to suggest that she would be tortured or physically or mentally ill-treated whilst being detained or whilst being interrogated.'
'Increased restrictions were imposed during 2000 on Tibetan returnees from exile leading to the alleged detention of approximately fifty students and the expulsion of twenty-nine Tibetan tour guides. The movement of exiled returnees, who are viewed with suspicion while being involved in political disturbances, are monitored closely through China's pervasive espionage network and interrogation procedure. The possibility of securing any government related jobs is non-existent for Tibetans returning to their home lives from a period in exile.'
'Against that background I am prepared to accept that if the appellant were to be arrested for participating in a demonstration held in March 1999, demanding independence for Tibet and commemorating the fortieth anniversary of the unsuccessful Tibetan uprising against the Chinese in 1959, she would have a well-founded fear of persecution because of her political opinions and that there would be a real risk of her rights under Article 3 of the Human Rights Convention would be infringed thereafter, even though she is not a nun.'