UKBA Operational Guidance Notes (OGNs) on Afghanistan, Iran and Sri Lanka have been revised - for the better of refugee protection

Some of the changes, on their face, are more favourable (and in some instances significantly more favourable) revisions below:

These improvements may be relevant to people who have been refused already or who have been granted humanitarian protection whereas they can be seen now to qualify for refugee leave.

Immigration Update from ILPA

This is not a legal briefing and should not be presumed to be such. If after reading the information below, and you think the information is applicable to your case, you must seek competent legal advice.

Some of the OGNs have recently been revised. Those for Afghanistan, Iran and Sri Lanka have been revised since February 2011.

Country Specific Asylum Policy OGNs, can be found here . . . .

Afghanistan
· The position on converts to Christianity now states that these "are in general at real risk of persecution in Afghanistan". (3.8.4)

· The position on women now states that "Sexual and gender-based violence against women is endemic. Women cannot rely on protection from the Afghan authorities and it would be unduly harsh to expect lone women or female heads of households to relocate internally". (3.10.8)

· The position on separated children now states that "At the moment we do not have sufficient information to be satisfied that there are adequate reception, support and care arrangements in place for minors with no family in Afghanistan." (4.3.1)


Iran
· The position on student demonstrators or other anti-government protestors now states "Depending on the particular circumstances, some persons who do not have a political profile - which would include for example student demonstrators or other anti-government protestors - are likely to be perceived by the authorities in Iran to oppose the regime and may similarly face a real risk of persecution or ill-treatment on return." (3.7.20)

· The position on those involved in opposition activity in the UK also appears more nuanced and potentially helpful. (3.7.21)

· The position on converts to Christianity is now more nuanced and potentially helpful. (3.8.15-3.8.16)

· The position on adulterers now states: "Where an individual is at risk of being prosecuted for adultery a grant of Humanitarian Protection or asylum will be appropriate". (3.9.12)

· The position on gay, lesbian and bisexual claimants now includes a warning relating to why some may choose to act discreetly: "In this regard caseowners should consider carefully the country evidence about the homophobic culture that rules Iranian society and that gay men and lesbians face ostracism and abuse from their families, friends and acquaintances." (3.10.15)

· The position on those involved in women's rights groups now states that they "are at risk on return of arbitrary arrest and detention... and other forms of suppression. As such they are likely to qualify for asylum..." (3.11.19)

· The position on women now recognises women to form a particular social group in Iran. (3.11.20)

· The position on former members of internal security or intelligence agencies is now more nuanced as regards how they may be perceived. (3.14.15)

· The position on prison conditions now states: "Prison conditions in Iran are severe and are in general likely to reach the Article 3 threshold." (3.15.12)

Sri Lanka
· It appears to me that the position on those generally expressing fear of harm from the Sri Lankan authorities is more nuanced and potentially helpful. (3.7.16-3.7.23)

· Additionally, there is a new position on "journalists, civil society, human rights activists and opposition supporters which appears to be potentially helpful. (3.8.5-3.8.6)

· The position on prison conditions is more nuanced and potentially helpful. (3.9.6)

Immigration Law Practitioners' Association
http://www.ilpa.org.uk/

End of Bulletin:

Source for this Message:
Immigration Law Practitioners' Association