Update: also see the June 2012 Still Human Still Here commentary on this OGN
UKBA Country Specific Asylum Policy Operational guidance notes (OGNs), use country of origin information (COI) reports and other sources to provide a brief summary for use by UKBA decision-makers.
Caseowners must not base decisions on the country of origin information in OGN guidance; it is included to provide context only and does not purport to be comprehensive.
The most up to date OGN can be downloaded from UKBA website, here
- Introduction
- Country assessment
- Actors of protection
- Internal relocation
- Country guidance caselaw
- Main categories of claims
- Political opponents and perceived political activists
- Suspected members of current or former rebel groups and perceived government collaborators.
- Members of non-governmental organisations (NGOs), human rights
activists and journalists.
- Banyamulenge Ethnicity
- Security Situation: Eastern DRC (including Orientale Province and the Kikus)
- Prison Conditions
- Discretionary Leave
- Minors claiming in their own right
- Medical treatment
- Returns
Introduction
This document provides UK Border Agency (UKBA) case owners with guidance on the nature and handling of the most common types of claims received from nationals/residents of the Democratic Republic of Congo (DRC) including whether claims are or are not likely to justify the granting of asylum, Humanitarian Protection or Discretionary Leave. Case owners must refer to the relevant Asylum Instructions for further details of the policy on these areas.
Case owners must not base decisions on the country of origin information in this guidance; it is included to provide context only and does not purport to be comprehensive. The conclusions in this guidance are based on the totality of the available evidence, not just the brief extracts contained herein, and case owners must likewise take into account all available evidence. It is therefore essential that this guidance is read in conjunction with the relevant COI Service country of origin information and any other relevant information.
Claims should be considered on an individual basis, but taking full account of the guidance contained in this document. In considering claims where the main applicant has dependent family members who are a part of his/her claim, account must be taken of the Democratic Republic of Congo OGN v 10.0 May 2012 situation of all the dependent family members included in the claim in accordance with the
Asylum Instruction on Article 8 ECHR. If, following consideration, a claim is to be refused, case owners should consider whether it can be certified as clearly unfounded under the case by case certification power in section 94(2) of the Nationality Immigration and Act 2002. A claim will be clearly unfounded if it is so clearly without substance that it is bound to fail.
