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Refugee And Asylum Notes

LPC Law Notes > Immigration Notes

This is an extract of our Refugee And Asylum document, which we sell as part of our Immigration Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.

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ASYLUM NOTES Internal location: SoS (Secretary of State), para. 390O will not grant asylum if in part of the country of origin a person would not have a well-founded fear of being persecuted. However, if someone would be safe living in a remote village away from family, could still fear persecution. Safe third country exception:No breach of obligation is UK returns refugee to a 'safe country' which itself has an obligation to grant him asylum, and which could be expected to fulfil the requirements of the GC. Refugee should seek asylum in first safe country he reaches. HO will not remove asylum seeker until State receiving him has accepted its responsibility under GC.

Sur place activities:A can have well-founded fear of being persecuted or real risk of suffering serious harm based on events after he leaves his country - Para. 339P E.g. A who carries on political activities in UK. Activities must cause a real risk of persecution. Claim will fail if activities do not come to the attention of the authorities of his country or that it is likely to be ignored (TM (Zimbabwe) [2010])

How should sur place activities be assessed?
BA (Demonstrators in Britain - risk on return) Iran CG [2011], tribunal found: (i) Nature of sur place activities:
- Theme of demonstrations: what do they want? Violent uprising?
- Role in demonstrations and political profile: Leader, active member? Mobiliser addressing the crowd? Organiser of events and rallies? Passive or just member of the crowd? What is his motive?
- Extent of participation: attended one or two rallies or regular participant?
- Publicity attracted: has demonstration caught media coverage in UK or home country? Over the internet? Nature of publicity? Clear pictures? Easy to identify A?
(ii) Identification risk
- Surveillance of demonstrators: how does regime identify demonstrators, through filming, agents who mingle with crowd?
- Regime's capacity to identify demonstrators: advanced technology? Facial recognition? HR to fit names to faces? Previous police records?
(iii) Factors triggering inquiry/action on return
- Profile: A known as committed opponent or someone with a significant political profile; does he fall within category which the regime regards as especially objectionable?
- Immigration history: how did the person leave the country (illegally: type of visa); where has the person been when abroad; is the timing and method of return more likely to lead to inquiry and/or being detained for more than a short period and ill-treated (overstayer; forced return) (iv) Consequences of identification
- Is there differentiation between demonstrators depending on the level of their political profile adverse to the regime (v) Identification risk on return
- Matching identification to person - if a person is identified, is that information systematically stored and used; are border posts geared to the task?

Unable and unwilling to avail himself to protection of that country

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