UK - Upper Tribunal, 26 January 2011, SA (political activist- internal location) Pakistan [2011] UKUT 30 (IAC)

UK - Upper Tribunal, 26 January 2011, SA (political activist- internal location) Pakistan [2011] UKUT 30 (IAC)
Country of Decision: United Kingdom
Country of applicant: Pakistan
Court name: Upper Tribunal (Immigration and Asylum Chamber)
Date of decision: 26-01-2011
Citation: [2011] UKUT 30 (IAC)

Keywords:

Keywords
Internal protection

Headnote:

Requiring a political activist to live away from his home area in order to avoid persecution at the hands of his political opponents has never been considered a proper application of the internal relocation principle. Indeed, the pitfalls of requiring a person to act contrary to his normal behaviour in order to avoid persecution have been further emphasised by the Supreme Court in HJ (Iran) (see separate summary in this database).

Facts:

The applicant belonged to the Q League Party in Pakistan and his brother was the ‘Nazim’ (mayor) of a district of Rawalpindi. They were mainly targeted by Pakistan People’s Party supporters.

He and his brother suffered attacks from 2005, including the burning down of shops and a restaurant that the applicant owned. His brother was then killed at a party meeting. The state took little or no action in response to the complaints of the applicant, because they generally sided with the Pakistan People’s Party.

The applicant fled to Islamabad and, later to Muree.  He heard from family members that threats were made to his life whilst he was there.

Decision & reasoning:

The Upper Tier Tribunal held that the First Tier Tribunal had erred in failing to correctly consider whether, even if there was in general a sufficiency of protection in Pakistan, whether the applicant in his particular circumstances would receive protection. Further the First Tier Tribunal had failed to apply Art 4.4 of the Qualification Directive in assessing whether the past persecution of the applicant and his family had an impact on the likelihood of future persecution (see the separate summary in AW (Pakistan)).

In addition, the Tribunal held that the only way the applicant could achieve safety by relocation was if he effectively decided to live in hiding or in political exile.  “Requiring a political activist to live away from his home area in order to avoid persecution at the hands of his political opponents has never been considered as a proper application of the internal relocation principle: see e.g. Nolan J in R v Immigration Appeal Tribunal, ex p.Jonah 1985] Imm AR 7. And (since October 2006) such a requirement cannot be considered to be consistent with paragraph 339O of the Immigration Rules (Art 8 of the Qualification Directive). Indeed, the pitfalls of requiring a person to act contrary to his normal behaviour in order to avoid persecution have been further emphasised by the Supreme Court in HJ (Iran)” (see separate summary in this database)

Outcome:

The appeal was allowed.

Observations/comments:

The Upper Tribunal, influenced by longstanding authority and the recent decision in HJ (Iran) (separately summarised), makes it clear that in assessing internal protection alternative the applicant cannot be required to restrict his political activity in order to avoid persecution.

Relevant International and European Legislation:

Cited National Legislation:

Cited National Legislation
UK - Immigration Rules
UK - Immigration Rules - Para 339K

Cited Cases:

Cited Cases
UK - House of Lords, 6 July 2000, Horvath v. Secretary of State for the Home Department [2000] UKHL 37
UK - Supreme Court, 7 July 2010, HJ (Iran) v Secretary of State for the Home Department [2010] UKSC 31
UK - IM (Malawi) [2007] UKAIT 00071
UK - R v Immigration Appeal Tribunal, ex p Jonah [1985] Imm AR 7
UK - R v Secretary of State for the Home Department (Respondent) ex parte Bagdanavicius (FC) and another (Appellants), [2005] UKHL 38