HA (WCPI, IMIK, KRG) Iraq CG: IAT 23 Oct 2007

There is no satisfactory evidence that WCPI members in the Kurdish Regional Governorates are at risk from IMIK or anyone else. There is some evidence that the WCPI has a presence both in the KRG and the rest of Iraq.
There is no satisfactory evidence that IMIK now enforces its views by violent means in the KRG. It has six seats in the KRG parliament.
This determination does not consider issues relating to the WCPI or IMIK in the parts of Iraq that are not in the KRG. This determination supersedes DH (Risk – IMIK – KAA) Iraq CG [2002] UKIAT 05099 but does not consider issues relating to the WCPI or IMIK outside the KRG
References: [2007] UKAIT 00087
Links: Bailii
Jurisdiction: England and Wales

Last Update: 16 November 2020; Ref: scu.261626

Elgafaji and Elgafaji v Staatssecretaris van Justitie: ECJ 17 Feb 2009

Europa (Grand Chamber) Directive 2004/83/EC – Minimum standards for determining who qualifies for refugee status or for subsidiary protection status – Person eligible for subsidiary protection Article 2(e) – Real risk of suffering serious harm – Article 15(c) -Serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of armed conflict – Proof.
Though Article 15(a) and (b) appeared to be co-extensive with Article 2 and 3 of the Convention, Article 15(c) was addressing the different situation of indiscriminate violence which, while not being aimed at a particular individual, could nevertheless be said to constitute an individual threat to such person.
References: [2009] EUECJ C-465/07, [2009] All ER (EC) 651, [2009] INLR 235, [2009] 1 WLR 2100, [2009] 2 CMLR 45, [2009] Imm AR 477, [2009] WLR (D) 59
Links: Bailii
Statutes: Directive 2004/83/EC, European Convention on Human Rights 2 3
Jurisdiction: European
This case cites:

This case is cited by:

  • Cited – FA (Iraq) v Secretary of State for The Home Department CA 18-Jun-2010 (, [2010] EWCA Civ 696, [2010] WLR (D) 152, , [2010] 1 WLR 2545, [2011] 1 All ER 270, [2010] 3 CMLR 39)
    The claimant had applied both for asylum and humanitarian protection. Both claims had been rejected, but he was given leave to stay in the UK for a further year. He now sought to appeal not only against the rejection of the asylum claim but also the . .
  • Examined – QD and AH (Iraq) v Secretary of State for the Home Department CA 24-Jun-2009 (, [2009] EWCA Civ 620, [2009] INLR 514, [2010] Imm AR 132, C5/2008/1706, C5/2009/0251)
    . .

These lists may be incomplete.

Last Update: 16 November 2020; Ref: scu.417815