AA017622015 [2016] UKAITUR AA017622015 (19 February 2016)

AA017622015 [2016] UKAITUR AA017622015 (19 February 2016)

AT is entitled to refugee protection because the risk of serious harm is linked to his Kurdish ethnicity, and there is no viable internal flight alternative; Judge Raikes erred in law by not recognising AT as a refugee.

Citation
[2016] UKAITUR AA017622015
Parties
Appellant/respondent: Secretary of State for the Home Department; Respondent/appellant: AT
Jurisdiction
United Kingdom
Judgment Date
19 February 2016
Procedural Posture
Immigration and Asylum Appeal / Appeal to Upper Tribunal
Outcome
Secretary of State's appeal dismissed; AT's appeal allowed; AT recognised as refugee.
Legal Topics
Refugee Status, Humanitarian Protection, Internal Flight Alternative, Ethnic Persecution
Immigration Asylum Refugee Status Humanitarian Protection Internal Flight Alternative Ethnic Persecution

Case Brief

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Parties

Secretary of State for the Home Department

Appellant/respondent

AT

Respondent/appellant

Procedural Posture

Immigration and Asylum Appeal / Appeal to Upper Tribunal

Legal Issues

  1. 1 whether AT qualifies as a refugee under the Refugee Convention
  2. 2 whether AT is entitled to humanitarian protection under Article 15(c) of the Qualification Directive
  3. 3 whether internal flight alternative to Baghdad is unduly harsh

Ratio Decidendi

AT is entitled to refugee protection because the risk of serious harm is linked to his Kurdish ethnicity, and there is no viable internal flight alternative; Judge Raikes erred in law by not recognising AT as a refugee.

Court Disposition

Secretary of State's appeal dismissed; AT's appeal allowed; AT recognised as refugee.

Orders

  • Decision and reasons statement of Judge Raikes set aside.
  • AT found to be a refugee.