5LW005 Nationality, Immigration and Asylum Law – Assessment 2 – First-Sit – 2014/15 Khurto Ismail is a 41 year old man from Tikrit, Northern Iraq, where he lived until June 2014. Khurto is a member of the Yazidi Community, a community has lived in Northern Iraq for centuries and which practices its own religion, Yazidism. Yazidism is distinct from Abrahamic religions, based more on ancient Persian religions, although it has incorporated elements of Islam and Christianity. Article 2(2) of the Constitution of Iraq provides: “This Constitution … guarantees the full religious rights to freedom of religious belief and practice of all individuals such as Christians, Yazidis, and Mandean Sabeans.” On the night of the 9th June 2014, Mosul was captured by the military group then called the Islamic State in Iraq and the Levant (ISIL) (also known as the Islamic State in Iraq and Syria [ISIS]), and now known, since the 29th June 2014, as the Islamic State (IS). On the 10th June, news reached Khurto in Tikrit that his brother and his sister-in-law, both Yazidis, had been captured by the IS and that their whereabouts were unknown. There were also rumours circulating in Tikrit that the IS had rounded up and executed Yazidis in Mosul who had refused to convert to Islam and that the IS was advancing on Tikrit. Fearing for his own safety, Khurto decided to flee. He travelled to Baghdad, the capital city of the Republic of Iraq, and through a contact there managed to obtain a forged passport with a false Entry Clearance stamp purported to be made by the British Embassy in Baghdad. Using this passport, Khurto flew to Heathrow Airport, London, following a brief stopover in Amsterdam, the Netherlands. Upon arrival in the United Kingdom, the Border Force detected that Khurto’s passport was a forgery. Upon discovery, Khurto claimed asylum in the United Kingdom. You are asked to advise on the question of whether Khurto falls within the definition of “refugee” as defined in Article 1A (2) of the UN Convention Relating to the Status of Refugees 1951 (The “Geneva Convention”).