06/02/2009
The Asylum and Immigration Tribunal this week promulgated its determination in the cases of SA and IA (Undocumented Kurds) Syria CG [2009] UKAIT 00006 (02 February 2009).
> judgment
The determination and reasons were as follows:
1. The discrimination and deprivations experienced by Syrian Kurds are not such as to amount to persecution or breach of their human rights if returned to Syria.
2. A person with an actual or perceived profile of being anti-regime would be at real risk of persecution by the authorities on return to Syria. The greatest risk is to Islamists but the risk extends to other groups such as Kurdish or human rights or democracy activists.
3. There is no internal relocation option for a person who is perceived by the Syrian authorities to have an anti-regime political profile.
4. Anti-regime activities undertaken by Syrians abroad, which are held to be credible and of which the Syrian authorities are aware, will contribute to their risk profile on return and will be taken as seriously as prior anti-regime activity in Syria.
5. A rare attendance at a crowded demonstration outside the Syrian Embassy by a person with no other political involvement or activity from which he might be identified (for example by a person who is simply seeking to bolster an otherwise weak asylum claim) will not constitute a real risk of coming to the adverse attention of the Syrian authorities. However regular attendances at such demonstrations over a lengthy period of time would increase the risk profile, as would membership of and active involvement in other overt political activities and/or organisations which might be penetrated by informers. The greater and more varied the activity, the greater the risk. The extent of the risk is fact sensitive in each case.
6. There is no real risk that leaving Syria illegally would, in the absence of additional aggravating factors, result in ill-treatment on return amounting to persecution or a breach of human rights.
7. A failed asylum seeker will not be perceived as being an opponent of the regime simply by reason of having claimed asylum abroad and will not as such be at real risk of persecutory ill-treatment on return.
8. A stateless, undocumented, Kurd who left Syria illegally and is a failed asylum seeker but is not perceived by the Syrian authorities as having an anti-regime profile, will not be at real risk of persecutory ill-treatment or a material breach of his human rights on return
Outcome
The appeal of IA was allowed – the number of demonstrations attended over a sustained period of time was sufficient to show a genuine commitment to the Kurdish cause and this provided the 1951 Convention reason of political opinion.
The Tribunal concluded that SA would not on the facts be at real risk on return to Syria and dismissed his appeal.
SA was represented by Rory O’Ryan , instructed by Jackson & Canter and AR was represented by Rory O’Ryan , instructed by Greater Manchester Immigration Aid Unit .