TC (Mixed ethnicity, Rwandan) Democratic Republic of Congo

As a result, the Tribunal upheld the Adjudicator's determination dismissing the appeal.

"16. Secondly, both sources are dated 2002. They do not deal with the situation since August 2002. As already noted, the CIPU Report, which deals with developments since, identifies a significant improvement beginning in 2001.

"17. Thirdly, we do not quite understand Mr Khan's contention that Tutsis fall into a separate risk category by virtue of being confused with Rwandans. It is clear that the authorities now protect Tutsis in Kinshasa. If there is a failure to make a distinction sometimes between Tutsis and Rwandans, it is made by civilian Kinois, not by the authorities. The latter, to repeat, are described as affording protection to Tutsis against civilian actions.

"18. We also consider that the argument advanced by Mr Khan does not in any event easily fit the particular facts relating to this Claimant. On his own account, his mother was a Congolese, not a non-Congolese Tutsi. It appears from the background sources that suspicion and hostility against Tutsis is primarily directed against non-Congolese Tutsis.

"19. Since returns from the UK to the DRC are to Kinshasa and there is no evidence to indicate that Tutsis who originate from other areas are prevented from remaining in that city, it is not necessary for us to address the evidence relating to the treatment of Tutsis in other areas, particularly those in rebel-held areas, although we note that the CIPU refers to continuing discrimination against them, not to any significant levels of violence or other forms of serious harm."