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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.

Plane taking off
Take Off by Dave Keeshan

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.

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The Free Movement blog was founded in 2007 by Colin Yeo, a barrister at Garden Court Chambers specialising in immigration law. The blog provides updates and commentary on immigration and asylum law by a variety of authors.

Comments

6 responses

  1. This is inhumanity such action taken uk government to remove somalis failed asylum seekers , deportation of where alshabab extremist group who are mogadishu and killed with their hands ten’s thousands somali innocent somali federal government connot function because of allshabab I feeling that those who will be sent back to somali it’s uk government will be held responsible we all know that somalia safty at moment allshabab is rulling half of mogadishu is hands of allshabab sending and removing the somalis failed asylum-seeking isn’t right know but whenever possible to make it such decision will have to be if the country is safety somali is not safe I hope the British government would stop this action.
    By . Hussein mohamed Chairman of Brent somali community

  2. Is this an example of the Home Office jumping the gun before AMM and Sufi and Elmi is overturned. Do they think that the new country guidance will not be in their favour ( ie they want to remove any and all no matter what the individual circumstances).

    From the evidence it should be clear that there has not been an irreversible shift in the country situation (such as in Sierra Leone or the Kurdish north of Iraq) such that AMM will be dislodged. Any HO caseworker worth their salt should recognise that. Except they apparently have other targets to meet.

    How many wasted costs JR’s does the SSHD want? or are they hoping that without legal aid/ Representation Somalis cannot in fact assert their rights no matter what the law actually says.

    Sorry cynical Friday.

  3. Campaign launched in response to this decision of the Home Office to re-start returns to Somalia – STOP Removals to Somalia. Please follow @STOPremovals and like on facebook https://www.facebook.com/stopsomali.removals

    Website to follow

    We have contact with individuals presently in detention and one Somali national who was taken as far as Turkey last week before being returned. Support from individuals, organisations, legal representatives and MPs sought to stop this inhumane practice.

    We will be campaigning Home Office and Turkish Airlines as well as supporting Somalis inside and outside immigration detention to attempt to prevent removals.

  4. Seems Turkish is trading poor somali asylum seekers while pretending helping somalis,,,I wonder what security so called somali president will offer somalis while he himself hiden under AU tanks and reportedly flee from his residence last week after alshabaab near take over,,

    Shame on you turkish airlines,,

  5. Hello FM. I have a Somali deport appeal on the go at the moment – adjourned for the time being. Any information as to who is acting in the CG case mentioned here, and who the experts are? Many thanks,

    Rory O’Ryan, GCN Chambers