Court of Appeal upholds internal relocation decision in Somali asylum case

Background and Legal Context

The Court of Appeal recently delivered its judgment in the case of ASJ (Somalia) vs Secretary of State for the Home Department, upholding a decision by the Upper Tribunal (Immigration and Asylum Chamber) that internal relocation within Somalia was a viable option for the appellant, ASJ. The appellant, a Somali national, had sought asylum in the United Kingdom, claiming that his return to Somalia would expose him to persecution by the Islamist group Al-Shabaab.

Case History

The appellant initially applied for asylum in the UK in 2018, after having been refused asylum in Sweden. His claim was based on fears of persecution in his home area of Barawe, Somalia, which is under the influence of Al-Shabaab. The Secretary of State for the Home Department rejected his claim, suggesting that he could safely relocate to Mogadishu, where he would not face the same risks.

The First-tier Tribunal initially dismissed his appeal, a decision which was later set aside by the Upper Tribunal due to errors in considering clan support and remittances. The Upper Tribunal, however, ultimately concluded that internal relocation to Mogadishu was reasonable, given the appellant's potential access to diaspora support and remittances.

Legal Arguments and Findings

The appellant's appeal to the Court of Appeal was based on the argument that the Upper Tribunal had applied the wrong standard of proof in assessing his ability to relocate internally. His counsel argued that the tribunal should have given him the benefit of the doubt regarding the availability of support in Mogadishu.

The respondent, represented by Zane Malik KC, contended that the Upper Tribunal had correctly applied a holistic assessment, considering all relevant circumstances, including the appellant's minority clan status, previous migration history, and potential access to remittances from abroad.

Court of Appeal's Decision

The Court of Appeal, led by Lord Justice Lewis, upheld the Upper Tribunal's decision. It found that the tribunal had properly considered all relevant factors, including the appellant's personal circumstances and the socio-economic conditions in Mogadishu. The court emphasized that the assessment of whether internal relocation is reasonable must be based on a comprehensive evaluation of the individual's situation and the conditions in the proposed area of relocation.

In rejecting the appellant's arguments, the court noted that the Upper Tribunal had made reasonable inferences about the appellant's access to support from the Somali diaspora, which could provide remittances and clan assistance in Mogadishu.

Implications for Asylum Law

This decision reinforces the legal framework governing internal relocation in asylum cases, affirming that tribunals must conduct a thorough and balanced assessment of all circumstances. The case highlights the importance of considering both the individual's personal situation and the broader context of the country of origin.

Conclusion

The Court of Appeal's ruling in ASJ (Somalia) vs Secretary of State for the Home Department underscores the complexity of asylum claims involving internal relocation. It affirms the principle that relocation must not be unduly harsh or unreasonable, taking into account all relevant factors.

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