Updates, commentary, training and advice on immigration and asylum law
The logistics of survival: updated Somalia country guidance
THANKS FOR READING
Older content is locked
A great deal of time and effort goes into producing the information on Free Movement, become a member of Free Movement to get unlimited access to all articles, and much, much more
TAKE FREE MOVEMENT FURTHER
By becoming a member of Free Movement, you not only support the hard-work that goes into maintaining the website, but get access to premium features;
- Single login for personal use
- FREE downloads of Free Movement ebooks
- Access to all Free Movement blog content
- Access to all our online training materials
- Access to our busy forums
- Downloadable CPD certificates
One of the principal arguments run by people seeking to resist removal to Somalia is that their living conditions on return would be so dire as to amount to a breach of the UK’s obligations under the European Convention on Human Rights, and specifically Article 3.
The country guidance case of MOJ & Ors (Return to Mogadishu) Somalia CG  UKUT 442 (IAC) provided a framework for decision-makers considering these cases, including factors which may or may not lead to a breach of Article 3.
In the new country guidance case of OA (Somalia) Somalia CG  UKUT 33 (IAC) the Upper Tribunal has confirmed that the guidance given in MOJ remains applicable with some minor refinements, and with additional considerations added (see headnote below).
The case also confirms that there must be a causal link between the implementation of the removal decision and the intense suffering or other Article 3 mistreatment to be experienced by the returnee in order for the expelling state to be held responsible.
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.
At 468 paragraphs, it is a detailed decision, but a must-read for anyone involved in a Somali removal case, and especially those involving material deprivation arguments following Paposhvili, AM (Zimbabwe) and Ainte.