AR (Kurd: not risk per se) Syria CG [2006] UKAIT 00048
Date of hearing: 23 March 2006
Date Determination notified: 07 June 2006
AR |
APPELLANT |
and |
|
Secretary of State for the Home Department | RESPONDENT |
A Syrian Kurd with no political history does not face a risk of persecution or breach of his human rights on return to Syria. This decision replaces SY (Kurd – No Political Profile) Syria CG [2005] UKIAT 00039 as country guidance.
1. Whether the appellant was Kurdish.
2. Whether his father was deprived of Syrian citizenship in or about 1962.
3. Whether the appellant was likely to be treated as a descendant of those deprived of Syrian citizenship.
4. If so, what were the consequences.
5. Is the appellant no more than a person who has failed to establish his nationality to the authorities in Syria, which failure may be no more than an inability to establish the right to claim Syrian nationality.
6. Alternatively, has the Syrian Government effectively deprived him of citizenship and the benefits flowing from it which may arguably constitute persecution.
7. What is the effect of being the holder of a Syrian identification card and birth certificate on his claim to be a person deprived of citizenship.
8. Does the treatment of Kurds in Syria amount to persecution.
9. Does the treatment of Kurds deprived of their citizenship in 1962 and/or their descendants amount to persecution in Syria.
10. Does the treatment of those Kurds who hold identification cards and birth certificates amount to persecution in Syria.
11. On the basis of the above findings, what is the risk faced by the appellant:
(a) on arrival at an airport in Syria and/or if readmitted, on
(b) returning to his home area; or
(c) to another part of Syria.
Conclusions
Signed Date
D K Allen
Senior Immigration Judge
(1) | Refugees International: | 'Buried Alive: Stateless Kurds in Syria' (January 2006) |
(2) | Chatham House: | The Syrian Kurds: A People Discovered' (January 2006) |
(3) | British Embassy, Damascus | Letter of 2 November 2004 |
(4) | Refugee International (USA): | 'Follow Through on Commitment to Grant Citizenship to Stateless Kurds (10 November 2005) |
(5) | Dr Alan George | 1st report (2 December 2005) |
2nd report (25 February 2005) |
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(6) | New York Times | Report of 28 April 2006 |
(7) | Kurdish Media | Report of 29 January 2006 |
(8) | US State Department | Country Report on Human Rights Practices 2004 |
(9) | Human Rights Watch | Report of October 1996 |
(10) | Danish Immigration Service | Report on Fact-Finding Mission to Syria and Lebanon (September 2001) |
(11) | Amnesty International | Report of 19 September 2005 |