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You are here: BAILII >> Databases >> United Kingdom Asylum and Immigration Tribunal >> AA (Failed Asylum Seeker) Sudan [2002] UKIAT 05894 (07 January 2003) URL: https://www.bailii.org/uk/cases/UKIAT/2002/05894.html Cite as: [2002] UKIAT 5894, [2002] UKIAT 05894 |
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AA (Failed Asylum Seeker) Sudan
[2002] UKIAT 05894
HX48247-2001
Date of hearing: 15 November 2002
Date Determination notified: 07 January 2003
AA | APPELLANT |
and | |
Secretary of State for the Home Department | RESPONDENT |
"Treatment of Failed Asylum Seekers
1. The question of the safety of returning failed asylum seekers to Sudan
often comes up in asylum appeals. The current Home Office policy is to return failed asylum seekers to Khartoum only. A Danish Immigration Service fact-finding mission to Kartoum in 2001 looked at the subject of the safety of returning failed asylum seekers to
Sudan
. Foreign embassy and diplomatic officials, government officials, members of human rights organisations and other NGOs were interviewed and consulted. The fact-finding mission found out from the people interviewed and consulted that:
- In general, failed asylum seekers with proper travel documentation encounter no problems when returned to
Sudan
. Sudanese nationals, in general, are free to enter and leave
Sudan
although an exit visa is needed before a Sudanese national can leave the country.
- The Sudanese authorities do not have a specific policy on returning failed asylum seekers. They are generally treated in the same way that other returning Sudanese nationals are treated. It is therefore, not official government policy to harass or persecute returning failed asylum seekers on the basis that these individuals have applied for asylum abroad.
- The airport security police at Khartoum have register of persons wanted by the police. These are individuals who have had civil proceedings made against them and are therefore criminals or suspect criminals.
Government Decree No 4/B307 Issued to Border Control Guards
2. In some asylum appeal cases, appellants and/or their legal representatives have stated that the above decree, allegedly issued by the Government to border control guards, is in force. It is alleged that this decree authorises the security forces to detain and question any Sudanese national returning to Sudan
who has been abroad for more than one year or more. It is not clear whether this decree has ever been in force at some point in the past but it is no longer in force at the present time.
3. Sudanese nationals who have been aboard for more than one year, however, do have to report to the tax authorities in Sudan
on their return. This is because Sudanese nationals abroad are required to pay tax on foreign income for the period spent abroad."
G Warr
Vice President