20
AUAD v. BULGARIA JUDGMENT
protection. It went on to note that the refugee camps were outside the
government’s control, which meant that in those areas the Lebanese
authorities would not be able to offer sufficiency of protection from
extremist Palestinian groups. However, the authorities would be able to
offer protection outside the camps. A further option was internal relocation.
Since the threat was localised in specific camps, relocation to another camp
or elsewhere in Lebanon was feasible and not unduly harsh. In that respect,
the OGN referred to two immigration tribunal rulings: BS (Palestinian –
Lebanon – relocation) Lebanon [2005] UKIAT 00004, and
MA (Lebanon/Palestine, fear of Fatah, relocation) Palestine [2004] UKIAT
00112, and reached the following conclusion:
“Within the [A]in [a]l-Hilweh camp there have been in the past, and continue to be,
various factions of extremist Palestinian groups struggling for power leading to
occasional outbreaks of violence. In individual cases consideration needs to be given
as to why the claimant would be of interest to the extremist Palestinian groups and the
level of that interest. The Tribunal have found that it is not unduly harsh to relocate
between camps in Lebanon. Many of the most extreme groups have limited support in
Lebanon, especially outside the refugee camps. It is therefore considered that a
claimant could find safety in another camp or elsewhere in Lebanon where the
specific extremist Palestinian group he fears does not have a significant presence.
Protection may also be available to the claimant from other Palestinian groups,
particularly Fatah. Therefore a grant of asylum or Humanitarian Protection would not
usually be appropriate for claims on this basis.”
63. With regard to claims based on fear of Palestinian groups on account
of collaboration with their enemies, the OGN observed that, since the
Government of Lebanon did not exercise control over the Palestinian
refugee camps, armed groups could operate relatively freely there.
Therefore, sufficiency of protection would not generally be available from
the Lebanese authorities inside the camps. For those who feared persecution
at the hands of a rival group, protection inside the refugee camp could be
available from another group. There was no evidence to show that the
Lebanese authorities would be unwilling or unable to offer protection
outside the refugee camps to those fearing Palestinian groups. Another
option was internal relocation. The law provided for freedom of movement,
and the Lebanese authorities generally respected that right, with some
limitations. They maintained security checkpoints, primarily in military and
other restricted areas. There were few police checkpoints on main roads or
in populated areas. The security services used those checkpoints to conduct
warrantless searches for smuggled goods, weapons, narcotics, and
subversive literature. Few Palestinian groups had influence outside the
refugee camps and relocation to another camp or elsewhere in Lebanon was
not likely to be unduly harsh. In that respect, the OGN referred to the
above-mentioned ruling in BS (Palestinian – Lebanon – relocation)
Lebanon [2005] UKIAT 00004, and to the ruling in WD (Lebanon –
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