Januzi v SSHD (HL)
- Date: 15/02/2006
Citation: [2006] UKHL 5Related Barristers: Jason Braier
The House of Lords dismissed Januzi’s appeal but allowed the appeals of Hamid, Gaafar and Mohammed.
Januzi was an Albanian Kosovan who fled to the United Kingdom following subjection to ethnic cleansing in Mitrovica. His asylum claim was refused on the basis that it would be reasonable for him to relocate internally to Pristina.
Hamid, Gaafar and Mohammed were Sudanese citizens from Darfur. Hamid and Gaafar were ethnically cleansed from Darfur by the government-encouraged Janjaweed, whereas it was found that were Mohammed to return to Darfur he would be subject to persecution. The Tribunal refused an appeal against refusal of asylum in each case on the basis that they could relocate internally to Khartoum.
The House of Lords considered the test for determining undue harshness of internal relocation and held:
1. The undue harshness of internal relocation was not to be judged by whether the quality of life in the place of relocation satisfied the basic norms of civil, political and socio-economic rights.
2. There is no presumption against internal relocation where the persecution is by, or encouraged by, the State. There is a spectrum of cases, and the more closely the persecution is linked to the State and the greater the State’s control over those acting or purporting to act on its behalf, the more likely a victim of persecution in one place will be similarly vulnerable elsewhere in the State. However, this is dependent upon a fair assessment of the facts.
The Judgment is available online