ASYLUM AWARENESS CONFERENCE

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Presentation transcript:

ASYLUM AWARENESS CONFERENCE Tamil Information Centre (TIC) – 18 March 2017 Mr. Kulasegaram Geetharthanan, LLB (Hon), PG.Dip Legal Practice, Human Rights Lawyer, UK

Asylum Seeker Refugee Economic Migrant

Asylum Flows & Recognition Rates

Asylum Flows & Recognition Rates

TAMILS Are Tamils a Persecuted Race? “Tamils are not per se at risk of serious harm” - LP (LTTE area –Tamils – Colombo at risk?) Sri Lanka CG [2007]

GJ and Others (post-civil war: returnees) Sri Lanka Individuals who are, or are perceived to be, a threat to the integrity of Sri Lanka - significant role in relation to post-conflict Tamil separatism within the Diaspora and/or a renewal of hostilities within Sri Lanka. Journalists or human rights activists, who, criticized the SLA. Individuals who have given evidence to the LLRC against SLA in alleged war crimes. - Potential or actual war crimes witnesses. A person whose name appears on a computerized ― Stop list (if there is an court order or arrest warrant) In post-conflict Sri Lanka, an individual‘s past history. (Indicating a present risk to the unitary Sri Lankan State) The authorities maintain a computerized intelligence-led-watch list - not likely to be detained at the airport but will be monitored by the security services after his or her return. Fact in each case, dependent on any Diaspora activities carried out by such an individual. Exclusion cases - War crimes & Crimes against Humanity

Essential Evidence for A Successful Claim /Appeal Competent Legal Advise Improved Legal Representations Essential Evidence for A Successful Claim /Appeal Statement of the Applicant Statement from Witnesses Medico Legal Report (if tortured/abused) Psychiatric Report Report from the GP/Medical Records Country Expert Report

Based on Fresh Evidence… Fresh Claim Para 353 of the Immigration Rules Based on Fresh Evidence… Not Submitted Before… Likely to Succeed…

Restrictive Asylum Practices The UK’s Response To Asylum Issues Restrictive Asylum Practices Detentions, Removals & Deportations

Role of the Tamil Diaspora in Refugee Protection UB Sri Lanka

Why Tamil Refugees Cant…? If they can… Why Tamil Refugees Cant…?