Are ordinary civilians at risk of harm if returned to Somalia? Upper Tribunal to decide in important case
Date posted: 14 June 2021
Today, the 14th June 2021, sees the beginning of the six day hybrid appeal hearing at the Upper Tribunal of the long anticipated Somali Country Guidance case.
We represent the appellant who is a refugee from Somalia.
The Upper Tribunal Panel consist of Judge Kebede, Judge Smith and Judge Frances.
Issues to be decided
The Country Guidance case seeks to make findings on the following issues:
- Does an ‘ordinary civilian’ returning to Mogadishu following a period in the UK face a real risk of being persecuted or subjected to serious harm contrary to Article 3 of the ECHR or paragraph 339C of the Immigration Rules?
- What factors are relevant to whether such a returnee will be able to establish themselves in Mogadishu?
- What factors go to whether such a returnee be compelled to seek accommodation in an IDP camp, and whether they will be able to do so?
- If a returnee is successful in securing accommodation in an IDP camp, would that entail a real risk of being persecuted or serious harm or cruel, inhuman or degrading treatment owing to the conditions in which the returnee will live?
- If even accommodation in an IDP camp is not a realistic prospect, what are the reasonably likely alternatives, and would they entail a real risk of being persecuted or serious harm or cruel, inhuman or degrading treatment owing to the conditions in which the returnee will live?
- What impact, if any, does membership of a minority clan have on the resolution of issues 1 to 5?
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