United Kingdom: Upper Tribunal rules country guidance on Non-Arab Darfuris still applies

Wednesday, August 7, 2019

On 7 August 2019, the Upper Tribunal (Immigration and Asylum Chamber) published its ruling in a case concerning the return of two non-Arab Darfuri applicants for international protection to Sudan.

The Home Office had previously refused the two asylum applications, finding that the applicants would respectively not be at risk as Darfuris upon return to Sudan. On appeal, the First-tier Tribunal upheld the decisions of the Home Office and considered that it could depart from the country guidance provided by AA (Sudan) and MM (Sudan).

During the proceedings, the Home Office produced a fact-finding report in November 2018 on Sudan. The Home Office further submitted that the evidence on recent protests and the government’s response did not show a specific interest in Darfuris to have an impact on potential risks upon return. The applicants instructed three expert witnesses to comment on the report and Home Office submissions.

In examining the case and the evidence put forward, the Upper Tribunal held that the situation in Sudan remained volatile. In particular, it highlighted the changes in government and violence perpetrated by forces such as the Rapid Support Forces (the Janjaweed). It found that there is insufficient evidence to show that the guidance given in AA (Sudan) and MM (Sudan) requires revision and therefore granted the applicants international protection.

Photo: Peter Bury, May 2009, Flickr (CC)

This item was reproduced with the permission of ECRE from the ELENA Weekly Legal Update. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is pusexblished but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE.


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