Expert Report Prepared for: Gillman-Smith Lee SolicitorsBy: Ms. Marcia RobiouEXPERT REPORT FOR THE COUNTRY GUIDANCE CASE OF TSReference: Annex A (attached): Ms. Marcia Robiou biographic informationIntroduction
You requested an Expert Report in relation to the Burma Test Case of TS. I have read through thefollowing documents that you provided:a) Statement of Factsb) Ambit of Burma Country Guidance Case and list of questions to the Expert
Ambit of Burma Country Guidance Case
What is the risk to a Burmese citizen who has taken part in demonstrations in the UK against thecurrent Burmese regime, upon his return to Burma?2.
What is the relevance to the assessment in (1) above of someone who came to the adverseattention of the authorities before leaving Burma but was nevertheless able to travel out of thecountry on a valid Burmese passport?3.
To what extent do the Burmese Authorities distinguish between returnees from the UK whohave no real political commitment but attend demonstrations to bolster a claim and those whoattend demonstrations but have a genuine commitment to the opposition cause?4.
Taking account of answers of 1-3 above, to what extent is the country guidance given in TL still valid as an assessment of risks to Burmese failed asylum seekers returned after making aprotection claim based as oppositionists whether in Burma or during their stay in the UK?5.
Do the Burmese authorities distinguish between those who are perceived to have no real politicalor oppositionist commitment but who attend demonstrations to bolster a claim to asylum andthose who attend political demonstrations out of a genuine commitment to the anti-regimecause?6.
If the answer to (3) above is yes what impact does this have on the risk on return?
The following are my answers to the questions for Experts:
Please characterise the mind set of the Burmese regime, in particular its attitude to (i)criticism of the regime (ii) displays of opposition or defiance (iii) the opposition in exile;(iv) foreign influences generally.
The current Burmese regime headed by President Thein Sein is a quasi-civilian regime at itsbest and a military authoritarian regime at its worst. Burma is dominated by an authoritarianmindset in that there is no respect for the rule of law – crime is simply what the authorities