ar  UKIAT 00112 D (DR Congo)
Date of Hearing : 26 September 2003
Date Determination notified:.29/10/2003....
'(a) On the information available to it, as at 9 July 2003, it is not the fact that a person returned to the DRC is, by reason only of being a failed asylum seeker, at real risk of persecution or Article 3 ill-treatment;
(b) In order to run a real risk of being taken into detention, following the screening of a returnee at Kinshasa Airport, there must be something further in the returnee's background, such as past political or military activities or nationality of a state regarded as hostile to the DRC.
(c) There is nothing in the circumstances of the appellant in this case to suggest that he would of any adverse interest to the DRC authorities.'
'This view was subject to two important caveats. Firstly, some areas remained unsafe and return to those areas was not yet advisable. Secondly, individuals with certain profiles (e.g. those with real or perceived political or military associations) were likely to be at risk and therefore deserved to receive particular and careful consideration. The need to bear these considerations in mind has been further fortified by the recent events in the DRC, as the security situation still remains a matter of concern in certain parts of the country. Thus, UNHCR is in a position to reassert its March 2003 recommendation to the effect that states need to carefully ascertain the nationality of rejected asylum seekers as well as their areas of origin and profile, before they are considered for return to the DRC.'