AH & Ors (Identity documentation; returns to the KRI) Iraq CG

Country guidance on returns to Iraq, identity documentation and Article 3 ECHR. An Iraqi national requires a current or expired Iraqi passport, or a laissez-passer, for return. A biometric INID is generally necessary to live and travel in Iraq without treatment contrary to Article 3, but missing documents do not inevitably prevent an application. Family documents, Family Book information, a Surat Qaid, court procedures and other alternatives may assist.

Undocumented returnees to Erbil or Sulaymaniyah airports may leave after identity and security checks and should receive an authorisation letter. Travel within the KRI generally does not present an Article 3 risk, but travel into the Disputed Territories remains subject to the existing risk at checkpoints, particularly those operated by Shia militia. Applications for INIDs can be made at the Iraqi Embassy in London, although a completely undocumented person lacking Family Book details and male family support is unlikely to succeed.

Three Iraqi Kurdish men from the Disputed Territories appealed against decisions concerning protection, human rights and the feasibility of return. Their appeals were designated as country guidance cases addressing direct returns to Erbil or Sulaymaniyah, the replacement of the CSID by the INID, checkpoint risks, internal travel within the KRI and travel to the Disputed Territories.

The Tribunal reconsidered guidance in SMO & KSP (Civil status documentation; article 15) Iraq CG [2022] UKUT 00110 (IAC). It also determined the individual appeals, including new claims concerning disability, health and Article 8. The central questions were whether the evidence justified departing from existing country guidance and whether each appellant could obtain identity documentation without encountering treatment contrary to Article 3.

1. Country guidance. The Tribunal replaced the existing Iraq guidance with revised guidance. The Iraqi authorities require a current or expired Iraqi passport, or a laissez-passer, for return. A person returned on a laissez-passer or expired passport faces no serious harm merely because they lack a current passport.
2. The CSID is no longer issued and is no longer valid for general purposes, although it retains limited utility in establishing identity and supporting an INID application. An INID application requires biometric data taken in person. The usual supporting documents are a CSID or existing INID, an Iraqi Nationality Card and a residence card, but alternatives may be used. Family members, Family Book information, a Surat Qaid and court procedures may assist.
3. Applications may be made at the Iraqi Embassy in London. The process is not confined in principle to the Iraqi diaspora. A completely undocumented person who cannot recall Family Book details and lacks male family support in Iraq is, however, unlikely to succeed.
4. Undocumented returnees to Erbil or Sulaymaniyah may leave the airport after identity and security checks. They may retain a copy of their laissez-passer and are routinely given an authorisation letter. Travel within the KRI generally presents no Article 3 risk, but a fact-sensitive route assessment may be required. Travel into the Disputed Territories remains governed by SMO & KSP (Civil status documentation; article 15) Iraq CG [2022] UKUT 00110 (IAC): a person without an INID or equivalent may face a real risk at checkpoints, particularly those operated by Shia militia.
5. AK and AJ’s appeals were dismissed. AH’s protection appeal was dismissed, but his Article 8 appeal was allowed because his post-stroke communication and physical difficulties created very significant obstacles to reintegration. His health claim under Article 3 and his claim based on disability were rejected.

• Upper Tribunal: The First-tier Tribunal decisions contained material errors of law and were set aside with preserved findings. The appeals were remade under the revised country guidance. AH’s appeal was allowed on Article 8 grounds only; AK’s and AJ’s appeals were dismissed.