BAILII
British and Irish Legal Information Institute


Freely Available British and Irish Public Legal Information

[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments


You are here: BAILII >> Databases >> United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments >> UI2024005269 [2025] UKAITUR UI2024005269 (9 May 2025)
URL: http://www.bailii.org/uk/cases/UKAITUR/2025/UI2024005269.html
Cite as: [2025] UKAITUR UI2024005269

[New search] [Printable PDF version] [Help]

A black background with a black square Description automatically generated with medium confidence

IAC-AH-       -V1

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: UI-2024-005269

First-tier Tribunal No: PA/66978/2023

 

 

THE IMMIGRATION ACTS

Heard at Field House

Decision & Reasons Promulgated

On 21 st March 2025

 

9 th May 2025

 

 

Before

 

DEPUTY UPPER TRIBUNAL JUDGE HANBURY

 

 

Between

 

D F

(anonymity direction made)

Appellant

 

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

Order Regarding Anonymity

 

Pursuant to rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008, the appellant is granted anonymity.

 

No-one shall publish or reveal any information, including the name or address of the appellant, likely to lead members of the public to identify the appellant. Failure to comply with this order could amount to a contempt of court .

Representation :

 

For the Appellant: Ms Cosgrove of counsel

For the Respondent: Ms Everett a Home Office Presenting Officer

 

 

DECISION AND REASONS

 

Introduction

1.       Th e Appellant, DF, a citizen of Iraq, was born on 1.6.93. He appealed under the provisions of the Nationality, Immigration and Asylum Act 2002 against the Respondent's decision, dated 1 December 2023, to refuse his protection claim made on 20 February 2019.

2.       In a decision promulgated on 30.9.24, JUDGE OF THE FIRST-TIER TRIBUNAL CJ COWX (the judge) concluded that the appellant was not at risk of serious harm under Article 15(c) of the Qualification Directive, Articles 2 and 3 claims of the ECHR, which were based on the same factual matrix as the international and humanitarian protection claims, and rejected the asylum claim for the same reasons. He concluded that that the appellant was able to safely return to Iraq because he can obtain his ID card (a CSID [1] or INID [2] card) or seek a replacement one. Finally, he was not satisfied that DF would be at risk of persecution by Hashdi Shaabi.

3.       The appellant appealed the judge's dismissal of his appeal against the respondent's refusal, because he said that the judge had failed to consider the submission that Sunni Muslims generally in Kirkuk were at risk and that the appellant would be at risk by virtue of his ethnicity and religion. The judge was also criticised for failing to consider the fact that the CSID card was allegedly to cease to be used in Iraq. This is a point that the judge is criticised for having failed to address adequately. It is said that there was evidence contained in a news report which supported that contention.

 

The grant of permission

4.       FTTJ Seelhoff gave permission to appeal on all grounds on 15 .11.24 but the above mentioned points were the principal points of concern.

 

The hearing before the UT

5.       At the hearing before the UT the appellant was represented by Ms Cosgrove, an advocate, who referred to the application for permission to appeal at PDF pages 11 - 13. She submitted that the judge failed properly to consider the evidence. She referred to paragraph 5.9 of the decision (PDF page 9) where reference is made Hashdi Shaabi of the "Popular Mobilisation Forces" (the PMF) also known as "Popular Mobilisation Unit" (the PMU). She explained that the PMU was responsible for the persecution of non-Arab groups. The judge had expressed himself to be dissatisfied on the evidence as to the risk of persecution by Hashdi Shaabi. However, Miss Cosgrove submitted that there was general animosity between groups on religious and ethnic grounds and risk of indiscriminate violence and the judge had been wrong to conclude that the appellant was not fleeing violence for a Convention reason. She referred to paragraph 14 of her skeleton argument in the PDF bundle at page 15 where it was dealt with at paragraph 8 (c). This sets out the need to identify whether the appellant is at risk of persecution from Hashdi Shaabi on return to Iraq as a result of his ethnicity and religion or whether he could internally relocate to avoid that risk. The judge had clearly identified one of the issues that he had to determine was the extent to which the appellant would be at risk from that group but the judge appears not to determine the issue, as Judge Seelhof observed when he granted permission to appeal on 15 November 2024.

6.       I was then referred to paragraph 27 of Ms Cosgrove's skeleton argument before the FTT (at page 23) where she carefully outlined these points including the risk of persecution and said that there was ample material upon which the judge could have concluded that this risk was made out. However, the judge is said not to have engaged with the submissions fully.

7.       Numerous pieces of background evidence were referred to, for example, at pages 490 - 491, reports of Iranian-aligned militias arbitrarily arresting or detaining Kurds including in Kirkuk and PMF groups engaged in killing, kidnapping and extortion particularly in ethnically and religiously mixed governorates. The PMF attempts to exercise a high degree of economic control over various sectors and the alleged ethnic cleansing of Kurds and others from disputed territories and crimes against Kurds were identified. The objective evidence (at page 217) describes the situation facing the Kurds as serious.

8.       Ultimately, Ms Cosgrove said, the judge had to consider whether a Kurd from Kirkuk would be at risk on return. That evidence was apparently not gone into and the judge appeared to be unwilling to accept the objective evidence referred to. An informed reader would take into account background evidence in reaching his decision. Therefore, she argued, ground 1 (failing to consider the background evidence) ought to succeed.

9.       She went on to consider ground 2 (failing to properly consider the evidence and/or failing to make clear findings in relation to the replacement of the CSID by the INID). She pointed out that paragraph 5.11 of the FTT's decision on page 9 - 10, where the judge stated that the appellant would not be at risk of serious harm under article 15 (c) of the Qualification Directive, was erroneous, as he did not have a CSID card or INID card. As such he would be likely to come into contact with Hashdi Shaabi as they were in control of Kirkuk - his home area. The judge failed adequately to consider the evidence provided in articles by journalists from March 2024 as to the risk of the CSID scheme being wound down. The truth was that Hashdi Shaabi had significant control and the appellant would be subject to searches at checkpoints and so forth, particularly as he did not have a CSID or an INID card. The journalists' articles showed that the CSID card was no longer to be issued from March 2024 and, it was argued, the appellant would not qualify for new INID card. No proxies were permitted to attend on his behalf and he would be compelled to attend with his sister, for example. I was referred to the articles on pages 118-119 which showed that other forms of identification were not acceptable. It was submitted that the appellant would be compelled to return to Kirkuk and face serious consequences. There was credible evidence (at pages 118 and 497) in support of the contention that the CSID was to be phased out.

10.   The respondent was represented by Ms Everett, who did not accept evidence that Hashdi Shaabi had the level of support or the level of control over Sunni Kurds that had been identified, although there were examples of violence and killings. The situation was described as volatile but she contended that all matters had been fully considered by the judge.

11.   Proceeding to ground 2, the judge did not deal with all matters head-on but could not be criticised for this. News articles were only news articles and they were not necessarily sufficiently evidenced. There may be numerous reasons why they would not be accurate. The respondent would expect to see much higher quality of evidence in relation to the CSID document given the importance of this issue and that the judge was therefore entitled to reject the appellant's case based on this evidence.

12.   Furthermore, the appellant's sister had a CSID document and the appellant's own document, whether an INID or CSID, were thought to be available if the appellant returned to his home area.

13.   Ms Cosgrove replied to say that both the appellant's ethnicity and his religion were not in issue and would have an effect on his safe return to his own country. Even if he tried to return to his home area, as had been suggested by Ms Everett, there was no reason to suppose he would be able to do so undisturbed. The judge had failed to consider the core issues and in particular the two issues identified. The process of obtaining new INID document was not straightforward (see page 390).

14.   I was referred to 3.7.1 of the Country Policy and Information note - Iraq - internal relocation - civil documentation returns October 2023 (source HTTPS://www.gov.uk/) where it was suggested that there was evidence that the INID e-card was to replace the item was to INID card and that in due course 85 to 90% of people in KRI would have obtained such a document. The transfer process was not straightforward and news reports suggesting that the old CSID had been abolished and replaced by the INID were accompanied by reports that the new card was not fully operational. This evidence was in existence before the judge and he should have, at least, made reference to it, even if he did not accept all the contents of the findings contained in those reports.

15.   At the end of the hearing I reserved my decision which I will later give having summarised the issues.

 

Discussion

16.   The appellant relied on a skeleton argument which asserts that the appellant belonged to a particular social group, namely a person who faces honour-based violence due to his ethnicity as a Kurd from Kirkuk. By virtue of his work for the Baram family he felt that he would be at risk from Baktiar Baram's father, who was a cousin of a prominent PUK member. The appellant alleges that a relationship with Sara Baram led him to be subject to false accusations and he fled Iraq. He also alleges that the replacement of the CSID card with the INID card poses problems for him. Specifically, it is said, the INID will become the only acceptable form of identification Iraq and without one there is a real risk of serious harm constituting a breach of paragraph 339C and paragraph 339CA (iii) of the Immigration Rules as well as article 3 of the ECHR. The judge is criticised for failing to properly consider the evidence and make clear findings as to the risk generally to the appellant as a Kurd from Kirkuk and more specifically in relation to the issue of the CSID/INID card.

17.   Therefore, the questions I have to consider are:

1)       What is the risk to the appellant generally (ground 1 of the appeal grounds)? and

2)       Whether the judge dealt properly with the evidence in relation to the phasing out of the CSID card in seeking a replacement form of identification (ground 2)?

 

1) The risk to the appellant generally

18.   The appellant claims that as an Iraqi Kurd from Kirkuk who would risk persecution/serious harm from Hashdi Shabi. The evidence as to whether the appellant would be at risk of serious harm following arbitrary arrest, the destruction of his property needs to be considered against the background of the general attempt by Hashdi Shaabi to Arabise the area of Kirkuk. These were all risk factors which the judge is criticised for not considering adequately.

19.   The judge dealt fully with the background to the present claim in paragraph 2.2 and he appeared to be fully cognisant with the basis for the claim. The judge went on to set out the issues succinctly and the nature of the alleged fear of persecution from Mr Baram and his associates. The key issues, as identified by the judge, were whether he could seek the protection of the authorities or whether he could internally relocate. He recorded that the appellant had not been politically active in Iraq but had become so on making asylum in 2019. Part of his claim therefore related to these sur place activities.

20.   The judge correctly set out the legal framework save the manner in which he is alleged to deal with the question of CSID/INID cards, is criticised, which will be dealt with below.

21.   The judge clearly found the appellant to be incredible, a finding which is apparently unchallenged in the present appeal.

22.   However in granting permission to appeal to the UT, Judge Seelhof noted that the judge had not dealt with the question: whether the appellant was at risk of persecution by virtue of his ethnicity and religion alone?

23.   It was submitted by Ms Everett that the contention that the judge had not dealt adequately with the general risk to the appellant from his ethnicity/religious background was dealt with adequately in paragraph 5.9 of the decision. In that paragraph the judge, having rejected the contention that the appellant was at risk of persecution from the PMF/PMU, observed that the appellant had failed to provide any explanation as to why he would be targeted on his return to Kurdish Iraq and his alleged generalised fears fell short of establishing persecution for a Convention or indeed non-Convention reason.

24.   This necessary to consider whether this conclusion is sufficiently thorough and well-reasoned or whether it fell short of that which is required.

25.   The judge identified the risk to the appellant as contended for by him and the correct legal test to be applied (see paragraph 4.1) whilst noting that the burden of proof rests on the appellant, albeit to a standard of a reasonable degree of likelihood. The judge regarded the primary risk factor as the honour based violence arising out of the appellant's alleged relationship but he did not accept that relationship had taken place (see paragraph 5.3 at page 7). The judge also considered the risk arising from the appellant's sur place activities at paragraph 5.8 and the generalised risk of persecution at the hands of Hashdi Shaabi (the PMF/PMU at 5.9. He concluded that there was no specific risk to the appellant above the generalised risk to the rest of the population as he did not accept that his brother's killers would target him specifically, nor did the judge accepted his father had been targeted in the manner described by the appellant.

26.   Overall the judge had demonstrated sufficient reasons for dismissing the appellant's appeal and showed himself cognisant with the relevant materials as to the generalised risk within Kirkuk and the wider region. These were sufficient reasons to reject the appellant's account and conclude that he did not qualify under any of the instruments upon which he placed reliance. Miss Everett did not accept that the PMF/PMU had the degree of influence within the KIR that had been contended by the appellant. Nevertheless, even if they did, the judge was entitled to conclude that the appellant would not be targeted by them based on the limited information available.

 

2) The specific risk to the appellant from the loss of his CSID card /lack of INID card

27.   The judge was suspicious as to the circumstances in which the appellant came to lose his CSID card - an important document. He claimed to have left it at his sister's hose in Sulaymaniyah in his screening interview but later, before the FTT, in cross examination, said he did not know where it was (see 3.18 of the decision).

28.   The judge considered there to be no reason why the appellant could not recover the missing CSID card from his sister, following which he would not be of interest from the authorities. The judge considered the submissions in relation to the above identity documents but concluded that the CSID document remained a relevant document, that the appellannt had not been straightforward as to the unavailability of this and rejected the appellant's credibility "in the round" (see paragraph 5.2 at paragraph page 7). The judge also concluded that the claim was lacking in detail.

29.   The second relevant point relates to the extent to which judge was or was not referred to the argument over the changes to the INID system and the fact that the INID system was due to replace the CSID. It is necessary to consider the extent to which he reached sustainable findings as to this. It is accepted, according to Judge Seelhoff, that the judge had not addressed, for example, the news report in March 2024 at page 118. This evidence was provided to him, if I understand the grant of permission correctly (see paragraph 4 of the grant of permission). That news article is said to evidenced the phasing-out of the CSID card. According to paragraph 31 at page 26 of the appellant's skeleton argument before the FTT, the respondent accepted the replacement of CSID cards with INID cards. But the respondent did not accept that the existing CSID cards will cease to be valid, as is asserted by the appellant, and holders of existing CSID cards (such as the appellant) will be able to obtain replacement INID cards. The judge made a clear finding of fact that the appellant's existing CSID was available to him. But if it were not there are no issuing facilities of new CSID cards even in Baghdad (see 3.7.12 , at page 392).

30.   The suggestion is that because he does not have such a document, he would not get through Baghdad airport and therefore internal relocation was not an option available for the appellant.

31.   It was submitted by Ms Everett that although the judge had not dealt expressly with the issue of the change over from CSID to INID, he was not expected to refer to every news article and his broad conclusions were clear enough. She made it clear that the respondent did not accept that existing CSID documents are to become obsolete.

32.   The judge was entitled to give little weight to a journalistic article, although it may have been better if he made reference to it. It has long been known that the INID is due to replace the CSID (see the 20 October 2023 UK Home Office, Country Policy and Information Note - Iraq: Internal relocation, civil documentation and returns (October 2023), 27 October 2023 Source URL: https://www.gov.uk/ ).

33.   The judge was entitled to conclude that the CSID document at the date of hearing represented a valid for of identification which would be accepted by the authorities in northern Iraq/Kurdistan/KRI.

34.   The judge showed an awareness of the risk to individuals which may be contrary to article 3 of the ECHR/a breach of humanitarian protection standards under article 15, as checkpoints in the country are manned by Shia militia (see paragraph 3.1.1 at page 385). The judge also recognised the significant difficulties facing those without existing CSID or INID cards, for example, in accessing services and that this may amount to a risk of being exposed to humanitarian conditions which fall below those expected. Thus this may in certain cases amount to a breach of paragraph 339C and 339CA (iii) of the Immigration Rules and/or article 3 of the ECHR. The timeframe within which such a document may be obtained also had to be considered (see 3.2.3 of page 385).

35.   Nevertheless, against the background of rejection of the appellant's case of honour- based violence and other concerns about his credibility it is unsurprising that the judge did not accept that he had lost his CSID, as to which he was inconsistent in his explanation.

36.   In the circumstances the finding regarding the recovery of the CSID card was one open to the judge on the evidence and this did not constitute a material error of law. With such a document the preponderance of evidence suggests that the appellant will be able to obtain a replacement INID card when necessary and in my view the judge therefore dealt adequately with this issue, albeit it would have been better to have referred to the news articles on the point. I should add that the Court of Appeal is due to look at this fast moving area further but neither party submitted that I should await the outcome of an appeal that is presently waiting to be heard before determining this appeal. I consider it just a proportionate to determine this appeal without awaiting that decision.

 

Conclusion

37.   I am unable to find a material error of law in the decision of the FTT.

Notice of Decision

The appeal against the FTT's decision is dismissed.

An anonymity direction has been made.

 

 


Signed Date 8 th May 2025

 

 

Deputy Upper Tribunal Judge Hanbury

 



[1] Civil Status Identity Card

[2] Iraqi National Identity Document

About BAILII - FAQ - Copyright Policy - Disclaimers - Privacy Policy amended on 25/11/2010