SAA & Family (Five Appellants) v Secretary of State for the Home Department
Our department successfully represented an Iraqi Kurdish family consisting of five appellants in a complex asylum appeal.
The principal appellant had fled Iraq after a long-standing tribal dispute resulted in the deaths of close family members. After rebuilding his life in Iran, he and his family were again traced by the same tribe, leading to further violence, the deaths of relatives, serious injuries, and the sexual assault of his wife.
Following detailed preparation of the appeal, comprehensive witness evidence and legal submissions, the Tribunal accepted that:
- The family faced a continuing and genuine risk of persecution.
- The ability of the tribe to locate the family outside Iraq demonstrated both the reach and determination of the persecutors.
- Internal relocation within Iraq would be unduly harsh given the appellant's lengthy absence, lack of support network, education and employment history.
- The family qualified for refugee protection.
- Removal would breach Articles 3 and 8 of the European Convention on Human Rights.
The appeal was allowed on asylum grounds, Article 3 human rights grounds, and the appeals of all dependent family members were also allowed under Article 8 ECHR, enabling the family to remain together safely in the United Kingdom.