Case summaries
The Migration Court of Appeal returned the case to the Migration Court for investigation of whether there is an internal protection alternative for the man from Afghanistan. The Court found that an internal protection alternative must always be investigated as part of the protection assessment.
The Court found that a simple finding that the applicant could relocate within Nigeria because the population of the country is so large was devoid of any substantiation by reference to the facts of the case or to the circumstances of the applicant and of his family or to the nature of the threat of persecution which relocation would serve to avoid.
The Court indicated that that a finding that internal relocation will provide protection involves a two- fold consideration:
(a) First, the identification - if only in general terms - of an area or place in the country of origin which can reasonably be expected to be free of the particular source of persecution from which the applicant requires protection; and
(b) Secondly, an inquiry sufficient to confirm that a relocation there is feasible and reasonable to expect of the applicant (even if it involves hardship) having regard to the personal circumstances of the applicant and of his family.
Internal protection is considered available for women suffering domestic abuse and violence in Albania.
The Court of Appeal held that an asylum-seeker unable to return to his country of origin may indeed be entitled to recognition as a refugee provided only that the fear or actuality of past persecution still plays a causative part in his or her presence here. Further, the refusal of the State of nationality to permit return can constitute persecution.