Updates, commentary, training and advice on immigration and asylum law
Removals to Mogadishu are re-starting
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The Home Office have started giving directions for the removal of failed asylum seekers to Mogadishu on Turkish Airline flights via Istanbul.
Anyone given such removal directions might ask the Home Office to reconsider whether they risk violating their human rights in the light of the announcement by Al Shabaab on 29.12.2013 that Somalis who have returned to their homeland from abroad “have been taught garbage and sins, and have lost [their] religion and are being used [to spread evil] ” and so “will be killed and fought against in the same manner” that al-Shabaab fights against the Somali government. “They are working for the infidels, and since they are working for the infidels, they are the same as the infidels they are working for as far as we are concerned,” said Al-Shabaab commander Ali Mohamed Hussein, known as Ali Jesto.
They might consider relying on the UN Secretary General’s letter to the UN Security Council of 14.10.2013 in which he reported that
‘the political progress made over the past year and the military gains against Al-Shabaab that have been achieved in recent years are at serious risk of being reversed’.
He expressed the concern that as well as causing the deaths of many innocent civilians
‘the deterioration in the security situation threatens to undermine the fragile Somali political process’.
They might also inform the Home Office that they wish to rely upon the written and oral evidence of three country experts that is currently being considered by the Upper Tribunal (The President and Upper Tribunal Judges Storey and Southern) in a country guidance case addressing the issue of whether it is compatible with the UK’s international protection and human rights obligations to remove people to Mogadishu. The expert evidence, heard over 4 days (10 – 13 February 2014) is being relied upon to say that it is not. Whilst a person given removal directions to Mogadishu will not be in possession of that evidence, the Home Office is and so can be asked to review the person’s removal under paragraph 353 of the immigration rules by reference to that evidence.
Interested in refugee law? You might like Colin's book, imaginatively called "Refugee Law" and published by Bristol University Press.
Communicating important legal concepts in an approachable way, this is an essential guide for students, lawyers and non-specialists alike.