OA (IFA, Unduly Harsh, Chechens, Relocation) Russia CG

The appellant, a national of Russia, has appealed with leave of the Tribunal against a determination of Adjudicator, Mrs S Brookfield, dismissing the appeal against the decision by the respondent giving directions for removal following refusal to grant asylum. Mr P Jorro of Counsel instructed by A S Law Solicitors represented the appellant. Mr M Davidson appeared for the respondent.

She then went on to discount difficulties the applicant might face in relation to judicial process, detention in dire prison conditions, employment prospects, language discrimination and racial discrimination. In relation to accommodation difficulties, she accepted the appellant might face real difficulties in Ingushetia, but he would not face the same difficulties in Rostov.

Our second observation is that the adjudicator was plainly wrong to conclude that racial discrimination in not a part of everyday life in Russia. That finding was heavily against the weight of the evidence including the CIPU Bulletin 01/2002 which refers to Chechens being likely to experience difficult living conditions and racial discrimination in much of Russia. The US State Department Report of February 2001 notes that:

A third observation, closely allied to the second, is that the adjudicator`s findings on the risk of extortion were clearly based on background materials, in particular the US State Department report of February 2001 which states that:

Our final initial observation is that it is not in dispute that certain areas of Russia are not places where an ethnic Russian from Chechnya can live without facing serious difficulties arising from being unable to register there. These difficulties are well documented in the background country reports. No doubt in the light of these, the respondent accepted that in this case the only two realistic options open to the appellant were Ingushetia and Rostov.