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You are here: BAILII >> Databases >> United Kingdom Asylum and Immigration Tribunal >> AA (Kreish ethnicity, Decree 4/B/307) Sudan [2004] UKIAT 00167 (22 June 2004) URL: https://www.bailii.org/uk/cases/UKIAT/2004/00167.html Cite as: [2004] UKIAT 167, [2004] UKIAT 00167 |
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APPEAL No. AA (Kreish ethnicity, Decree 4/B/307) Sudan
[2004] UKIAT 00167
Date of hearing: 20 May 2004
Date Determination notified: 22 June 2004
AA | APPELLANT |
and | |
Secretary of State for the Home Department | RESPONDENT |
"It is hereby decided to detain any Sudanese person returning from abroad who has left the Sudan
after the Revolution of Salvation – and resided abroad for a period of one year or more. He is to be transferred to the headquarters of the Public Security Department for investigation and for carrying out the necessary security measures."
It is signed by someone described as the Head of the Public Security Department.
"In connection with the Danish Immigration Service's inquiry into the existence and application of a reported Sudanese Decree No. 4/B/307 on admission of Sudanese nationals intoSudan
, the Netherlands Embassy in Cairo informed the Danish Embassy there in writing that there is no Decree or Regulation with the number 4/B/307 by means of a letter dated 13 January 2000. The letter also states that Sudanese nationals who have been abroad for more than one year do not have to report to the Security Service, police or any other investigative agency in
Sudan
for an interview. On the other hand, those who have been abroad for more than one year do have to report to the tax authorities in the
Sudan
on their return. This is because Sudanese nationals abroad are required to pay tax in
Sudan
for the period spent abroad. The tax is payable in foreign currency. If they fail to do so, they are guilty of tax evasion and will not be able to get an exit visa if they want to travel abroad again."
The report went on to say that according to a representative of the Sudan
Human Rights Organisation in Cairo there was a decree requiring Sudanese nationals who have been abroad for a year to be detained but that was not supported by any evidence that people were being detained. What was pointed out was that the security police will frequently use their own initiative in deciding what the law is or what they propose to do.
"Waltmans-Molier [Netherlands Embassy] was not aware of the existence of alleged Sudanese Decree called Decree No. 4B307 from the head of the General Security Apparatus to Senior Border Guards. However, she knew that it was the practice for Sudanese citizens who have been away from the country for a couple of years or more and who are now returning home to be questioned by the Sudanese Police on their arrival. Often this would be because of a failure to pay tax. The Netherlands Embassy was not aware of any examples of people suffering any harm while being questioned. Questioning was carried out by the Immigration Authorities or by the Security Service and was, according to Waltmans-Molier, quite normal. She mentioned the case in which a Sudanese women had been returned from the Netherlands to Khartoum. The woman claimed to be a member of an opposition party but could not give any account of its ideology and had been repeatedly questioned by the Security Service. The woman had complained to the Netherlands Embassy but the matter was not felt to be serious and the embassy had not heard that the woman had come to any harm….
A well informed local source in Cairo said that Sudanese citizens in possession of a valid national passport could enterSudan
without any difficulty. However, if they only had a temporary travel document they would be questioned about their circumstances on arrival in
Sudan
. This applied only to those returning voluntarily to
Sudan
. The source had no information about conditions on entry for Sudanese citizens who had been forcibly repatriated to
Sudan
.
Arne Lehne said that Germany had never had problems with the deportation of rejected asylum applicants to Khartoum, either on entry or following entry. In the previous year a total of fifteen people had been sent back toSudan
from Germany. Only in some individual cases had the deportation been followed up."
The report goes on to mention that Sudanese citizens who are staying abroad and whose passports had expired could apply at the nearest Sudanese Embassy or to the passport issuing authorities in Khartoum for a new passport.
a) that the claimant could return to Khartoum without being at any real risk of being persecuted or subjected to Article 3 harm by the authorities on return;
b) that the claimant could go back to his home area without being at real risk of harm in doing so; and
c) that in any even,t even if he stayed in Khartoum, the claimant, whilst suffering difficulties and deprivations would not be placed at risk of Article 3 harm by being put in one of the camps for internally displaced persons whilst he waited to return to his home area.
His Honour Judge N Ainley
Vice President