Upper Tribunal replaces Iraq country guidance on identity documents and returns to the KRI

The Upper Tribunal has replaced all existing country guidance on Iraq in AH, AK & AJ, setting out its findings on identity documents and returns to the Kurdistan Region of Iraq for Iraqi asylum and removal cases.

The Upper Tribunal (Immigration and Asylum Chamber), sitting at Field House, promulgated its country guidance decision on 14 April 2026 under the neutral citation [2026] UKUT 150 (IAC). Upper Tribunal Judges Lane, Jackson and Rastogi heard the appeals on 15 to 18 September 2025. Further written submissions followed on 24 and 31 October 2025. The three appellants, AK, AH and AJ, are anonymised. The Secretary of State for the Home Department was the respondent.

Background

The decision replaces all existing country guidance on Iraq. Sections A, D and E were previously contained in SMO & KSP (Civil status documentation; article 15) Iraq CG [2022] UKUT 00110 (IAC) and remain substantively unchanged. Sections B and C have been updated, though some parts on travel to and within Federal Iraq are carried over from that earlier decision.

What the guidance says

On indiscriminate violence, the Tribunal says an internal armed conflict continues in parts of Iraq. As a general matter, it finds that the intensity is not such that any returned civilian faces a real risk of serious harm under Article 15(c) solely because of their presence there. The exception is a small mountainous area north of Baiji in Salah al-Din, where ISIL continues to exercise doctrinal control.

For a Kurd returning to the KRI with a valid CSID or Iraqi National Identity Card (INID), the guidance says the journey from Baghdad by land is affordable and practical. A person cannot board a domestic flight between Baghdad and the KRI without a CSID, an INID or a valid passport. With one of those documents, the journey by air is also affordable and practical.

Without a CSID or INID, the guidance says there is a real risk of detention at checkpoints on the land route until identity is verified. It says it is not reasonable to require that journey unless the person can verify their identity at a checkpoint.

Once at the KRI border, a Kurdish returnee would normally be granted entry. Subject to security screening and registering with the local mukhtar, they could reside there with no sponsorship requirement in any of the three KRI governorates. Risk during screening is assessed case by case.

On living conditions, the guidance says family in the KRI would be expected to accommodate a returnee, though the extent of support must be assessed case by case. Without family, the guidance says that, absent special circumstances, a returnee is not reasonably likely to gain access to a refugee camp, because the camps are extremely overcrowded and closed to newcomers. It also sets out rental and "critical shelter" options. It would be unduly harsh to require relocation if the person would live in critical shelter without access to basic necessities. Failed asylum seekers may apply for a grant under the Voluntary Returns Scheme, which could give access to £1,500.

Employment is also assessed case by case. The guidance notes that a person cannot work without a CSID or INID, that the unemployment rate for Iraqi internally displaced people in the KRI is 70%, and that family connections give a significant advantage.

Sources

• AH, AK & AJ (Identity documentation; returns to the KRI) Iraq CG [2026] UKUT 150 (IAC), Upper Tribunal (Immigration and Asylum Chamber), 14 April 2026: https://caselaw.nationalarchives.gov.uk/ukut/iac/2026/150