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AK and SK (Christians: Risk) Pakistan CG [2014] UKUT 00569 (IAC)

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AK and SK (Christians: Risk) Pakistan CG [2014] UKUT 00569 (IAC) Upper Tribunal (Immigration and Asylum Chamber) AK and SK (Christians: risk) Pakistan CG [2014] UKUT 00569 (IAC) THE IMMIGRATION ACTS Heard at Field House Determination Promulgated On 16, 17, 19 and 20 June 2014 The Royal Courts of Justice On 24 July 2014 ………………………………… Before UPPER TRIBUNAL JUDGE PETER LANE UPPER TRIBUNAL JUDGE KEKIĆ Between AK SK Appellants and SECRETARY OF STATE FOR THE HOME DEPARTMENT Respondent Representation: For the Appellants: Ms S Jegarajah and Ms S Pinder, Counsel instructed by Wimbledon Solicitors For the Respondent: Mr S Walker, Senior Home Office Presenting Officer © CROWN COPYRIGHT 2014 1. Christians in Pakistan are a religious minority who, in general, suffer discrimination but this is not sufficient to amount to a real risk of persecution. 2. Unlike the position of Ahmadis, Christians in general are permitted to practise their faith, can attend church, participate in religious activities and have their own schools and hospitals. 3. Evangelism by its very nature involves some obligation to proselytise. Someone who seeks to broadcast their faith to strangers so as to encourage them to convert, may find themselves facing a charge of blasphemy. In that way, evangelical Christians face a greater risk than those Christians who are not publicly active. It will be for the judicial fact-finder to assess on a case by case basis whether, notwithstanding attendance at an evangelical church, it is important to the individual to behave in evangelical ways that may lead to a real risk of persecution. 4. Along with Christians, Sunnis, Shi’as, Ahmadis and Hindus may all be potentially charged with blasphemy. Those citizens who are more marginalised and occupy low standing social positions, may be less able to deal with the consequences of such proceedings. 5. The risk of becoming a victim of a blasphemy allegation will depend upon a number of factors and must be assessed on a case by case basis. Relevant factors will include the place of residence, whether it is an urban or rural area, and the individual’s level of education, financial and employment status and level of public religious activity such as preaching. These factors are not exhaustive. 6. Non state agents who use blasphemy laws against Christians, are often motivated by spite, personal or business disputes, arguments over land and property. Certain political events may also trigger such accusations. A blasphemy allegation, without more, will not generally be enough to make out a claim under the Refugee Convention. It has to be actively followed either by the authorities in the form of charges being brought or by those making the complaint. If it is, or will be, actively pursued, then an applicant may be able to establish a real risk of harm in the home area and an insufficiency of state protection. 7. Like other women in Pakistan, Christian women, in general, face discrimination and may be at a heightened risk but this falls short of a generalised real risk. The need for a fact sensitive analysis is crucial in their case. Factors such as their age, place of residence and socio-economic milieu are all relevant factors when assessing the risk of abduction, conversions and forced marriages. 8. Relocation is normally a viable option unless an individual is accused of blasphemy which is being seriously pursued; in that situation there is, in general, no internal relocation alternative. 2 TABLE OF CONTENTS Paragraphs Abbreviations Introduction 1- 2 Issues 3 Format of the determination 4 Details of the appellants' claims 5-10 Procedural background and findings of the First-tier Tribunal 11-17 Evangelism and Christianity: definition and interpretation 18-19 Pakistan: map, general facts and information 20-36 Legal Framework: The Pakistan Penal Code and the Blasphemy Laws 37-50 Relevant International Treaties 51 The Constitution 52-56 The Judicial System 57-62 The Police 63-66 Legal Aid Groups 67-72 Frequency of Blasphemy Allegations 73-87 The experts and other witnesses 88-96 Country information: Reports of incidents of harm to Christians and those assisting them 97-99 UNHCR Eligibility Guidelines for Assessing the International Protection Needs of Members of Religious Minorities from Pakistan (14 May 2012) 100-104 Christian Solidarity Worldwide (CSW). Briefing on Pakistan: Religious freedom in the shadow of extremism (June 2011) 105-111 Writenet Independent Analysis. Pakistan: The Situation of Religious Minorities (May 2009) 112-117 Amnesty International Annual report on Pakistan for 2013 118 UK Home Office country of origin information service, Pakistan report (August 2013) 119-131 Human Rights Watch report on Pakistan (2014) 132 Immigration and Refugee Board of Canada. Pakistan: 3 Situation of Christians in Pakistan including social and government attitudes, treatment and rights 2010-2012 (14 January 2013) 133-138 Inter Press Service News Agency (23 October 2013) 139 US Commission for International Religious Freedom report (2013) 140-141 The Federal Republic of Austria, Federal Asylum Agency Fact Finding Mission report on Pakistan (June 2013) 142-154 Foreign and Commonwealth Office: Christians in Pakistan (16 December 2013) 155-161 Foreign & Commonwealth Office. Human Rights and Democracy report on Pakistan for 2012 (latest update 31 December 2013 162-163 Human Rights Commission of Pakistan report for 2013 164-169 Australian Government Refugee Review Tribunal. Issues Paper: Pakistan Militant Groups (January 2013) 170 Radio Free Europe: Pakistan religious leaders declare attack on Christians un-Islamic (24 September 2013) 171-172 BBC news article (13 May 2014) 173 Other news articles 174 Summary of submissions 175-177 Our assessment The starting point 178-185 The experts and other witnesses 186-206 The risk of false blasphemy allegations 207-215 Religious practice 216-218 Discrimination 219-222 Evangelists 223-224 Sufficiency of protection 225-226 Internal relocation 227-231 Women, Forced conversions and abductions 232-239 Country guidance 240-247 Our conclusions on the appellants 248-262 Decision 263-264 4 Appendices: Page Appendix 1: Decision on Rule 15(2A) application 81-82 Appendix 2: Evidence of AK 83-91 Appendix 3: Evidence of SK 92-100 Appendix 4: Evidence of Zimran Samuel 101-109 Appendix 5: Evidence of Asma Jahangir 110-114 Appendix 6: Evidence of Pastor Jeremy Sandy 115-116 Appendix 7: Evidence of Pastor Taylor-Black 117-118 Appendix 8: Evidence of Bishop Ijaz Inayat Masih 119-122 Appendix 9: Evidence of Pastor Waugh 123 Appendix 10: Evidence of Reverend Stuart Rodney Windsor 124-126 Appendix 11: Submissions for the respondent 127 Appendix 12: Submissions for the appellants 128-129 Appendix 13: Overview of Case Law 130-135 Appendix 14: Agreed Index of Materials 136-140 5 Abbreviations AHRC: Asia Human Rights Cell AI: Amnesty International ALAC: AGHS Legal Aid Commission APMA: All Pakistan Minorities Alliance APUC: All Pakistan Ulema Council BPCA: British Pakistan Christian Association CEDAW : The Convention on the Elimination of all Forms of Discrimination against Women CLAAS: Centre for Legal Aid, Assistance and Settlement CII: Council of Islamic Ideology COIR: Country of Origin Information Report CRC: The Convention on the Rights of the Child CRPD: The Convention on the Rights of Persons with Disabilities CRSS: Centre for Research and Security CSC: Christian Study Centre CSW: Christian Solidarity Worldwide EAC: Evangelical Christian Church FCO: Foreign and Commonwealth Office FIEC: Fellowship of Independent Evangelical Churches FIR: First Information Report FSC: Federal Shariat Courts HRW: Human Rights Watch ICC: International Christian Concern ICCPR: The International Covenant on Civil and Political Rights ICERD: International Convention on the Elimination of All Forms of Racial Discrimination ICESCR: The International Covenant on Economic, Social and Cultural Rights IRB: Immigration and Refugee Board of Canada JAC: Joint Action Committee JI: Jinnah Institute LADS: Legal Aid for Destitute and Settlement NGO: Non Governmental Organisation NCJP: National Commission on Justice and Peace PATA: Provincially Administered Tribal Areas PAWLA: Pakistan Women Lawyers' Association PIL: Pakistan Interfaith League PILAP: Pakistan Interfaith League Against Poverty PML-N: Pakistan Muslim League - Nawaz PPC: Pakistan Penal Code UNCAT: The UN Convention Against Torture UPR: Universal Periodic Review of the Human Rights Council USCIRF: United States Commission on International Religious Freedom UNHCR: United Nations High Commissioner for Refugees WAF : Women’s Action Forum 6 DETERMINATION AND REASONS INTRODUCTION 1. These appeals involve Christians in Pakistan. The appellants are a brother and sister who seek to establish that they would be at real risk from extremist groups if returned, whether to their home area or to other parts of the country. Their appeals were dismissed by a First-tier Tribunal Judge whose decision was set aside for re-making. 2. The respondent does not take issue with the appellants' claims that they are Christians by birth and that they practise their faith in the UK in evangelical churches. Issues 3. The list of issues as agreed by the parties is: (i) What is the risk of a false blasphemy allegation being levelled against the appellants as Christians? (ii) What is the risk of forced conversion to Islam? (iii) Is there serious discrimination faced by Christians in Pakistan which would amount to persecution? (iv) What particular discrimination do Christian women face? (v) Can Christian women expect a sufficiency of protection from the authorities against assault and rape? (vi) Are Christians able to practise their faith? (vii) What risk do Evangelical Christians face? Format of determination 4. We begin by setting out the details of the appellants' claims and the procedural history that has brought them to this stage of the proceedings. Some basic facts and information on Pakistan and the legal framework are then set out so as to aid an understanding of the evidence and our conclusions. This is followed by a summary of the evidence by the experts and the other witnesses from churches here and in Pakistan and of the country material as it pertains to the various issues.
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