KH v The Secretary of State for the Home Department

KH v The Secretary of State for the Home Department

Article 15(c) of the Qualification Directive must be interpreted in accordance with international humanitarian law. Although Iraq is in a state of internal armed conflict, neither civilians in Iraq generally nor civilians in Kirkuk, including those of mixed Arab/Kurdish ethnicity, face a serious and individual...

Source-derived case information.

Parties
Appellant: KH; Respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
26 March 2008
Procedural Posture
Asylum and Immigration Tribunal Appeal / Country Guidance Determination
Outcome
Appeal dismissed
Legal Topics
Subsidiary Protection, Qualification Directive Article 15(c), Internal Armed Conflict, Indiscriminate Violence, Non Refoulement, Humanitarian Protection
Immigration Law International Humanitarian Law Human Rights Law Subsidiary Protection Qualification Directive Article 15(c) Internal Armed Conflict Indiscriminate Violence Non Refoulement +1 more

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Parties

KH

Appellant

Secretary of State for the Home Department

Respondent

Procedural Posture

Asylum and Immigration Tribunal Appeal / Country Guidance Determination

Legal Issues

  1. 1 Whether Article 15(c) of the Qualification Directive requires an international humanitarian law (IHL) interpretation
  2. 2 Whether the situation in Iraq constitutes an internal armed conflict for the purposes of Article 15(c)
  3. 3 Whether indiscriminate violence in Iraq or Kirkuk poses a serious and individual threat to civilians generally or to the appellant specifically

Ratio Decidendi

Article 15(c) of the Qualification Directive must be interpreted in accordance with international humanitarian law. Although Iraq is in a state of internal armed conflict, neither civilians in Iraq generally nor civilians in Kirkuk, including those of mixed Arab/Kurdish ethnicity, face a serious and individual threat to their life or person by reason of indiscriminate violence within the meaning of Article 15(c) merely by virtue of being civilians. The appellant failed to demonstrate any specific personal circumstances or evidence of a consistent pattern of indiscriminate violence in his home area sufficient to meet the threshold for subsidiary protection under Article 15(c).

Court Disposition

Appeal dismissed

Orders

  • The appellant's appeal is dismissed; he is not eligible for humanitarian protection under Article 15(c) of the Qualification Directive or paragraph 339C of the Immigration Rules.