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You are here: BAILII >> Databases >> United Kingdom Asylum and Immigration Tribunal >> MI (Hazara, Ismaili, associate of Nadiri family) Afghanistan CG [2009] UKAIT 00035 (27 August 2009) URL: http://www.bailii.org/uk/cases/UKIAT/2009/00035.html Cite as: [2009] UKAIT 00035, [2009] UKAIT 35 |
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MI (Hazara – Ismaili – associate of Nadiri family) Afghanistan CG [2009] UKAIT 00035
ASYLUM AND IMMIGRATION TRIBUNAL
Date of hearing: 18th December 2008
Date Determination notified: 27 August 2009
Before
Between
MI | APPELLANT |
and | |
Secretary of State for the Home Department | RESPONDENT |
DETERMINATION AND REASONS
A person of Hazara ethnicity or of the Ismaili faith or who is associated with the Nadiri family is not likely to be at a real risk of serious harm in Afghanistan by reason of any of these factors alone or a combination of any of them, although different considerations would apply if an Ismaili's own home area were to be in an area controlled by the Taliban, given the large scale massacre of Ismailis which took place when the Taliban took over the province of Baghlan in 1998. In such a case, however, he would ordinarily be safe in Kabul.
The background
The evidence of Dr Antonio Giustozzi
"A major failure of reform efforts for the past five years has been the lack of political will to proceed beyond recognising and talking about the problem of a corrupt, factionalised and criminalised Ministry of Interior. Donors should make their assistance more conditional on comprehensive top down reform of the MOI, without which their contributions towards police reform efforts are likely to be wasted."
The submissions on behalf of the appellant
The submissions on behalf of the respondent
The submissions on behalf of the appellant in reply
Our conclusions
A short appraisal of the expert evidence and background material
The situation of Hazaras in Afghanistan
"There are approximately 2.8 million Hazaras in Afghanistan (CIA World Factbook 2007). They were once the largest Afghan ethnic group constituting nearly 67% of the total population of the state before the 19th century. More than half were massacred in 1893 when their autonomy was lost as a result of political action. Today they constitute approximately 9% of the Afghan population. The origin of Hazara are (sic) much debated, the word Hazara means 'thousand' in Persian but given the Hazaras features, current theory supports their decent from Mongol soldiers left behind by Genghis Khan in the 13th century.The majority of Hazaras live in Hazarajat (or Hazarestan), land of the Hazara, which is situated in the rugged central mountainous core of Afghanistan with an area of approximately 50,000 sq. km, with others living in the Badakhshan mountains. In the aftermath of Kabul's campaign against them in the late 19th century, many Hazaras settled in western Turkestan, in JauzJan and Badghis provinces. Ismaili Hazaras, a smaller religiously differentiated group of Hazaras live in the Hindu Kush mountains. The most recent two decades of war have driven many Hazaras away from their traditional heartland to live on the fringes of the state in close proximity to Iran and Pakistan. There is also a large cross-border community of Hazaras who make up an influential ethnic group in the Pakistani border city of Quetta."
"Hazaras are the third largest ethnic group in the country, and now live mainly in the central and north of the country. They have historically suffered discrimination. Yusuf Waezi, manager of the main Hazara party, Hizb-e-Wahdat-e-Islami, said, 'Hazara people are the most oppressed community and their only job was being porters. An Hazara child wasn't allowed to study more than the six grade [13 years] and there wasn't any school in majority of the areas this community lived in,' he said. But he said that conditions had improved significantly under the transitional government. 'After the fall of the Taleban, the rights of the Hazara people became satisfactory,' he said."
The situation of Ismailis in Afghanistan
The Nadiri family
"As a result, the presence of the Nadiris and their followers was re-established in Baglan."
A summary of our general conclusions
The appellant's case
The position of the appellant in his own home area of Afghanistan
Internal relocation
"Internal relocation to Kabul is not in principle impossible. Conditions in Kabul are not pleasant but they do not approach the AH [Secretary of State for the Home Department v. AH (Sudan) & Ors [2007] UKHL 49] level and unless there are particular reasons not to do so, it would not be unduly harsh to expect an appellant with no individual profile to live in Kabul and assist in the rebuilding of his country."
"A person with language skills, especially English, and a good level of education would have good prospects of finding work in Kabul; otherwise only people like doctors and a few other professions which are in short supply might expect to find work. The unskilled will have serious difficulties, because the returnees to the country are mostly of working age, unemployment is high and there is a recession which is beginning to hit the building trade which is the main source of employment for cheap labour."
Signed
Senior Immigration Judge Spencer
1 | Undated | IAS Research Analysis |
2 | Undated | h) Civilian deaths |
3 | Undated | Ismaili.net: Ismailis in Afghanistan [Accessed: 2 December 2008] |
4 | Undated | Globalsecurity.org: Baglan [Accessed: 2 December 2008] |
5 | Undated | About.com: Agnosticism/Atheism, Religion in Afghanistan, Ismailis [Accessed: 2 December 2008] |
6 | Undated | Major Afghan Mujahideen Groups: A Profile [Accessed: 2 December 2008] |
7 | Undated | Pediaview: Sayed Jaffar Nadiri [Accessed: 2 December 2008] |
8 | 29 May 1997 | New York Times: Afghan Force Ousts Taliban From City in North |
9 | 13 December 2001 | New York Times: A NATION CHALLENGED: DISSENSION; Anti-Taliban Factions Clash in North |
10 | 16 December 2001 | New York Times: Afghanistan is famous for its ancient ruins and its millions of ever present KILLER WASPS Can you dance the Ismaili? |
11 | 9 August 2002 | IWPR: Local Hopes Riding on Khalili |
12 | 11 October 2002 | IWPR: Badakhshis Change Allegiances |
13 | 7 April 2004 | Ref World: Query and response, Afghanistan: Information on Activities of Ismailis Loyal to Sayed Kayan |
14 | 9 September 2005 | Afghanet.com: Nadiri, Sayed Jaffar |
15 | 16 November 2005 | CACI Analyst: AFGHANISTAN'S ELECTIONS: DEMOCRACY WITHOUT PARTIES? |
16 | 30 November 2005 | IWPR: Killing Sparks Fears of Unrest in North |
17 | 30 January 2007 | Institute for War and Peace Reporting (UK): New Film Opens Old Wounds in Afghanistan |
18 | 12 March 2007 | British Agencies Afghanistan Group (BAAG): Afghanistan: Monthly Review February 2007 |
19 | 5 June 2007 | Inter Press Service News Agency (IPS): Afghanistan: Return of the Uzbek Warlord |
20 | 7 August 2007 | Radio Free Europe/Radio Liberty: Hazara minority becomes unlikely success story in Afghanistan |
21 | 11 August 2007 | RFE/RL: Suspicion High After Deadly Attack On Afghan Lawmakers |
22 | 31 October 2007 | Statefailure.blog: Baghlan's Special Warlords |
23 | November 2007 | Al Jazeera: Afghanistan mourns bomb victims |
24 | 8 November 2007 | Asia Times Online: Afghanistan rocked by northern bombing |
25 | 29 November 2007 | Austrian Centre for Country of Origin and Asylum Research and Documentation (ACCORD): Country Report: Afghanistan (Excerpt) |
26 | 3 January 2008 | United Nations High Commissioner for Refugees (UNHCR): UNHCR's Eligibility Guidelines for Assessing the International Protection Needs of Afghan Asylum-Seekers (Excerpt) |
27 | 18 February 2008 | Integrated Regional Information Networks News (IRIN): Afghanistan: Kuchi nomads seek a better deal |
28 | 2 June 2008 | Voice of America News: Afghan Refugees Return Home to Uncertain Future |
29 | 8 July 2008 | The Independent (London): Kabul suicide bomber kills 41 in worst attack since fall of Taliban; Suspicion falls on Pakistani intelligence after embassy blast |
30 | 24 July 2008 | Inter Press Service News Agency (IPS): Afghanistan: Taliban Encroach On Karzai's Turf |
31 | 27 July 2008 | San Francisco Chronicle: Returning Afghans survive in tent camps |
32 | 3 August 2008 | The New York Times: As the Fighting Swells in Afghanistan, So Does a Refugee Camp in Its Capital |
33 | 13 August 2008 | BBC: Taleban at Kabul's doorstep |
34 | 14 August 2008 | Inter Press Service News Agency (IPS): Afghanistan: Security Fears Paralyse Kabul |
35 | 19 August 2008 | BBC: Life in Afghanistan: City life (Excerpt) |
36 | 29 August 2008 | Global Insight: Afghan Military Assumes Control over Security in Capital |
37 | 29 August 2008 | UK Home Office Country of Origin Information Service: Afghanistan COI Report August 2008 (Excerpt) |
38 | 8 September 2008 | Integrated Regional Information Networks News (IRIN): Afghanistan: Minister disputes call to boost refugee returns |
39 | 15 September 2008 | BBC Monitoring South Asia: Weekly wants urgent change of US strategy on Afghanistan |
40 | 19 September 2008 | US Department of State: International Religious Freedom Report 2008: Afghanistan |
41 | 22 September 2008 | Inter Press Service News Agency (IPS): Afghanistan: Severe Hunger Can Help Taliban |
42 | 23 September 2008 | United Nations: The situation in Afghanistan and its implications for international peace and security: Report of the Secretary-General |
43 | 1 October 2008 | HJT Research: US general says insurgents are gaining in Afghanistan |
44 | 6 October 2008 | United Nations High Commissioner for Refugees (UNHCR): Afghanistan Security Update Relating to Complementary Forms of Protection |
45 | 14 October 2008 | IRIN: Medical waste poses health risk in urban areas |
46 | 14 October 2008 | United Nations News: Top UN envoy warns deadly Afghan attacks on increase as situation worsens |
47 | 20 October 2008 | United Nations News: Current crises threaten to plunge more Afghans into poverty, warns UN official |
48 | 24 October 2008 | INSI, (International News Service Institute): Afghanistan – Security, AKE Security Briefing |
49 | 25 October 2008 | Voice of America News: Three Shot Dead in Afghan Capital |
50 | 28 October 2008 | Internal Displacement Monitoring Centre (Norwegian Refugee Centre): Afghanistan: Increasing hardship and limited support for growing displaced population (Excerpt) |
51 | 30 October 2008 | Voice of America News: Taliban Claims Responsibility for Kabul Suicide Bomb |
52 | 3 November 2008 | Voice of America News: Foreign Aid Worker Kidnapped, Afghan Killed in Kabul |
53 | 3 November 2008 | Amnesty International: Afghanistan, Amnesty International Submission to the UN Universal Periodic Review: Fifth session of the UPR Working Group of the Human Rights Council |
54 | 10 November 2008 | United Nations High Commissioner for Refugees (UNHCR): Afghanistan at the crossroads: Drought, food crisis drive Afghans out of villages |
55 | 17 November 2008 | Voice of America News: Afghanistan's Taliban Reject Offer for Peace Talks |
56 | 18 November 2008 | EurasiaNet: Afhganistan: Refugee Returns Should No Longer Be A Cause For Celebration In Kabul |
57 | 18 November 2008 | United Nations High Commissioner for Refugees (UNHCR): Afghanistan at the crossroads: Invest in Afghan returns or risk further displacement, cautions UNHCR |
58 | 27 November 2008 | Voice of America News: Car Bomb Kills 4 Near US Embassy in Kabul |
59 | 27 November 2008 | International Rescue Committee (USA): Press Release – Afghanistan: Aid Agencies Ask the UN Security Council for Assistance to Reach Communities and Avoid Humanitarian Crisis |
60 | 30 November 2008 | Voice of America News: Suicide Bomber Kills 3 in Afghan Capital |
61 | 26 June 2009 | UK Home Office Country of Origin Information Service: Afghanistan COI Report June 2009 |