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You are here: BAILII >> Databases >> United Kingdom Asylum and Immigration Tribunal >> KK (evidence, late filing, proper notice) Afghanistan [2004] UKIAT 00258 (16 September 2004) URL: http://www.bailii.org/uk/cases/UKIAT/2004/00258.html Cite as: [2004] UKIAT 258, [2004] UKIAT 00258 |
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KK (evidence - late filing - proper notice) Afghanistan [2004] UKIAT 00258
Date of hearing: 16 July 2004
Date Determination notified: 16 September 2004
KK | APPELLANT |
and | |
Secretary of State for the Home Department | RESPONDENT |
We have taken into account that the testimony of members of the Sikh community here and the statement of Mr Ravinder Singh cannot be regarded as disinterested sources of evidence but the detailed evidence which they, like APAMR, provide, is not generally inconsistent with the thrust of the international reports which we have considered.
… the families of these victims are very frightened to report these practices to the authorities and although I have tried to encourage them, they have refused because they have lost trust and confidence in the new administration and also because of the important factor that the police force consists of former members of the Mujahideen. Additionally they fear reprisals from their assailants.
This is of course an easy explanation for members of any minority in difficulties to give for not enlisting the protection of the state authorities; and lack of protection is an essential ingredient of persecution: see Horvath [1999] INLR 7.
a) the evidence is unsourced, undated, unlocated and uncorroborated;b) even if it is accepted, the examples given do not amount to Convention persecution or ill-treatment;
c) the report of the Danish fact-finding mission of 20 March – 2 April 2004 (attached) suggests that Sikhs who are not converts from Islam have no problems in living in Afghanistan; and
d) they are indeed going about their daily lives, as appears from the background of Mr Ravinder Singh's letters.
The CCA is an Afghan NGO, which is supported by a number of international aid organizations including Netherlands Organisation for International Development, Norwegian Church Aid, Church World Service, USAID and various UN organizations. The organization was founded in 1990. Since 1994 the CCA has managed the human rights program [sic]. The organization is involved in activities concerning women, education and human rights. The organization has offices in Afghanistan, and specifically in Kabul …
Appeal allowed
John Freeman
(approved for electronic distribution)