Ra 2018/18/0533
The applicant is an Afghan national and member of the ethnic group of Hazaras who was born and raised in Iran. He lodged an application for international protection in Austria in July 2015 which was rejected in first instance in September 2017.The Federal Administrative Court dismissed his appeal on 03/09/2018, arguing that even though the applicant cannot return to Sar-e Pol (where his family was originally from), there was an IFA available in Kabul or Mazar-e Sharif. It elaborated that the applicant had already gathered professional experience, had grown up in an Afghan family and was native speaker of one of the official languages and concluded that the applicant was familiar with the cultural circumstances in Afghanistan. The Austrian Supreme Administrative Court annulled this decision. It stated that the Federal Administrative Court's conclusion that the applicant was familiar with the cultural circumstances in Afghanistan was not evidence-based and emphasized that that the applicant had explicitly contested this. Furthermore the Supreme Administrative Court criticized that the Federal Administrative Court did not take into account and analyse the UNHCR-Afghanistan guidelines. A respective obligation derives from the respective Austrian case law as well as from European Union Law. The Court emphasized that according to UNHCR there was in general no IFA available in Kabul and that the availability of an IFA in other cities was questionable and needed to be assessed in a thorough manner on a case-to-case basis. 13 December 2018 | Judicial Body: Austria: Supreme Administrative Court (Verwaltungsgerichtshof) | Topic(s): Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) | Countries: Afghanistan - Austria - Iran, Islamic Republic of |
Applicant v. State Secretary for Security and Justice
12 November 2018 | Judicial Body: Netherlands, The: The Hague District Court | Topic(s): Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Internally displaced persons (IDPs) - Safe country of origin | Countries: Netherlands - Ukraine |
ES (s82 NIA 2002; negative NRM) Albania [2018] UKUT 00335 (IAC)
1. Following the amendment to s 82 of the Nationality, Immigration and Asylum Act 2002 ('the 2002 Act'), effective from 20 October 2014, a previous decision made by the Competent Authority within the National Referral Mechanism (made on the balance of probabilities) is not of primary relevance to the determination of an asylum appeal, despite the decisions of the Court of Appeal in AS (Afghanistan) v SSHD [2013] EWCA Civ 1469 and SSHD v MS (Pakistan) [2018] EWCA Civ 594. 2. The correct approach to determining whether a person claiming to be a victim of trafficking is entitled to asylum is to consider all the evidence in the round as at the date of hearing, applying the lower standard of proof. 3. Since 20 October 2014, there is also no right of appeal on the basis that a decision is not in accordance with the law and the grounds of appeal are limited to those set out in the amended s 82 of the 2002 Act. 29 October 2018 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Social group persecution - Standard of proof - Trafficking in persons | Countries: Albania - United Kingdom of Great Britain and Northern Ireland |
AAH (Iraqi Kurds – internal relocation) Iraq CG UKUT 00212 (IAC)
country guidance on availability of ‘internal flight’ in the IKR for individuals of Kurdish origin - supplementing Section C and replacing Section E of AA (Iraq) v Secretary of State for the Home Department [2017] Imm AR 1440; [2017] EWCA Civ 944 26 June 2018 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Country of origin information (COI) - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland |
AS (Safety of Kabul) Afghanistan CG [2018] UKUT 00118 (IAC)
“Whether the current situation in Kabul is such that the guidance given in AK (Afghanistan) [2012] UKUT 00163 (IAC) needs revision in the context of consideration of internal relocation.” 16 April 2018 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Legal Instrument: 1951 Refugee Convention | Topic(s): Country of origin information (COI) - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland |
Decision TB7-01837 (Jurisprudential Guide, in private), Heard at Refugee Appeals Division, Toronto, Ontario
Jurisprudential Guide: Whether the treatment experienced by Ahmadis from Pakistan amounted to persecution and whether state protection and an internal flight alternative are available. 8 May 2017 | Judicial Body: Canada: Immigration and Refugee Board of Canada | Topic(s): Ahmadis - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Religious persecution (including forced conversion) - State protection | Countries: Canada - Pakistan |
Decision TB7-01837 (Jurisprudential Guide, in private), Heard at Refugee Appeals Division, Toronto, Ontario
Jurisprudential Guide: Whether the treatment experienced by Ahmadis from Pakistan amounted to persecution and whether state protection and an internal flight alternative are available. 8 May 2017 | Judicial Body: Canada: Immigration and Refugee Board of Canada | Topic(s): Ahmadis - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Religious persecution (including forced conversion) - State protection | Countries: Canada - Pakistan |
Decision TB7-01837 (Jurisprudential Guide, in private), Heard at Refugee Appeals Division, Toronto, Ontario
Jurisprudential Guide: Whether the treatment experienced by Ahmadis from Pakistan amounted to persecution and whether state protection and an internal flight alternative are available. 8 May 2017 | Judicial Body: Canada: Immigration and Refugee Board of Canada | Topic(s): Ahmadis - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Religious persecution (including forced conversion) - State protection | Countries: Canada - Pakistan |
Decision TB7-01837 (Jurisprudential Guide, in private), Heard at Refugee Appeals Division, Toronto, Ontario
Jurisprudential Guide: Whether the treatment experienced by Ahmadis from Pakistan amounted to persecution and whether state protection and an internal flight alternative are available. 8 May 2017 | Judicial Body: Canada: Immigration and Refugee Board of Canada | Topic(s): Ahmadis - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Religious persecution (including forced conversion) - State protection | Countries: Canada - Pakistan |
Decision TB7-01837 (Jurisprudential Guide, in private), Heard at Refugee Appeals Division, Toronto, Ontario
Jurisprudential Guide: Whether the treatment experienced by Ahmadis from Pakistan amounted to persecution and whether state protection and an internal flight alternative are available. 8 May 2017 | Judicial Body: Canada: Immigration and Refugee Board of Canada | Topic(s): Ahmadis - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Religious persecution (including forced conversion) - State protection | Countries: Canada - Pakistan |