UTIAC (i) The human rights situation in Cuba is dismal and the government continues to deny its citizens basic civil and political rights.
(ii) The authorities are intolerant of any form of unauthorised opposition to its political agenda and the law is used to criminalise dissent.
(iii) The term ‘dissident’ in the context of Cuba does not refer to a homogenous group of people but can refer to anyone engaging in activities regarded by the authorities as contrary to its political agenda.
(iv) The ‘dangerousness’ law is used as a political tool against those seen as dissidents or otherwise opposing the regime’s political agenda
(v) Those regarded by the Cuban authorities as opponents, dissidents or defectors can be at risk of treatment of sufficient severity to amount to persecution. Whether a particular individual will be at such risk depends upon his background and profile but in general terms an active political opponent who has come to the attention of the authorities or someone who has been openly disloyal to the regime is likely to be at such risk.
(vi) This guidance replaces that given in OM (Cuba returning dissident) Cuba [2004] UKAIT 00120 which is no longer to be regarded as providing country guidance.
Judges:
Letter SIJ
Citations:
[2011] UKUT 343 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 19 September 2022; Ref: scu.444049