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United Kingdom - High Court of Justice in Northern Ireland, Queen’s Bench Division (Judicial Review), JR 184, [2021] NIQB 98, 02/11/2021
Country of applicant: Somalia

Given that the Secretary of State used the same materials in the first and in the review decisions, the High Court found that the Secretary of State did not comply with the standard of review in re-evaluating the case at hand.

Date of decision: 02-11-2021
ABDI v. DENMARK (Application no. 41643/19)
Country of applicant: Somalia

The expulsion of the applicant to Somalia was in violation of Article 8 of the Convention, because the offences committed by the applicant did not posed a threat to public order and he had not previously been warned of expulsion or had a conditional expulsion order imposed. Furthermore, the applicant also had very strong ties to Denmark and virtually no ties with Somalia. Therefore, the expulsion of Mr. Abdi, combined with a life-long ban on returning, was disproportionate.

Date of decision: 24-08-2021
CJEU – C-255/19 Secretary of State for the Home Department v OA, 20 January 2021
Country of applicant: Somalia

In the context of cessation of refugee status under Article 11 (1)(e), the change in circumstances must remedy the reasons which led to the recognition of refugee status; a country of origin’s ability or inability to demonstrate that it can provide protection from acts of persecution constitutes ‘a crucial element’ in this assessment.

Mere social and financial support to the third country national is inherently incapable of either preventing acts of persecution or of detecting, prosecuting and punishing such acts and, therefore, cannot be regarded as providing the protection required by Article 11(1)(e). In order to determine whether the third-country national still has a well-founded fear of persecution, the existence of protection against acts of persecution should be considered when examining the change in circumstances.

Date of decision: 20-01-2021
ECtHR - Nur and Others v Ukraine, Application no. 77647/11, 16 July 2020
Country of applicant: Guinea, Somalia

The Court decided that the applicants’ arrest and detention were unlawful under Article 5 of the Convention. The eighth applicant’s complaint under Article 3 that she, a minor at the time, was not provided with adequate care in detention in connection with her pregnancy and the miscarriage she suffered was not accepted by the Court.

Date of decision: 16-07-2020
Switzerland - Federal Administrative Court, Case No. E-6310/2017, 15/01/2020
Country of applicant: Somalia

The case examines whether the rejection of the complainant’s application for asylum is lawful and if he may be deported. He can only be deported if he does not face inhuman or degrading treatment in his country of origin. In addition, his social networks and the possibility of a basis for subsistence are relevant.

Somalia is classified as a country which in general is safe. An impermissible expulsion depends on the applicant’s personal circumstances, persecution and risk of harm in his country of origin.

Date of decision: 15-01-2020
ECtHR – Z.A. and Others v. Russia, Applications nos. 61411/15, 61420/15, 61427/15 and 3028/16, 21 November 2019
Country of applicant: Iraq, Palestinian Territory, Somalia, Syria

Confinement of asylum applicants in an airport transit zone is contrary to Art. 5 § 1 (f) in the absence of any domestic legal basis for the applicants’ deprivation of liberty.

Confinement of asylum seekers left to their own devices in airport transit zones under the control of border authorities, without unimpeded access to shower or cooking facilities, outdoor exercise and medical or social assistance amount to degrading and inhuman conditions under Art. 3 ECHR if protracted for a long time. 

Date of decision: 21-11-2019
France - Administrative Tribunal of Nantes, 24 September 2018, M., n°1808677.
Country of applicant: Somalia
The Dublin Regulation does not prevent France from being competent to examine the applicant's asylum application, given the existence of orders from the German authorities imposing an obligation to return to Somalia, where risk of inhuman treatment cannot be excluded.
 
Any decision must be reasoned and translated into a language understandable to the applicant. 


 

Date of decision: 24-09-2018
Denmark - Refugee Appeals Board’s decision of 8 June 2018
Country of applicant: Somalia

The complainant, a Somali Citizen and a Sufi Muslim from Jaameel Sheen, Hiiraan Region, Somalia, had been detained and tortured by al-Shabaab due to teaching English.

Based on a consistent account in accordance with a medico-legal report from a torture investigation and country of origin information the Board found the applicant profiled in relation to al-Shabaab.

The applicant was granted subsidiary protection under the Danish Aliens Act Art. 7 (2).

Date of decision: 08-06-2018
UK - The Secretary of State for the Home Department v MA (Somalia), Court of Appeal (Civil Division), 2 May 2018
Country of applicant: Somalia

UK Court of Appeal rules on the correct test to use when making a decision on cessation of refugee status.

Date of decision: 02-05-2018
ECtHR - Abdullahi Elmi and Aweys Abubakar v. Malta, Application No. 25794/13 and 28151/13, 22 February 2017
Country of applicant: Somalia

The applicants although minors were detained in a detention facility where they were mixed with adults. The detention lasted until the Maltese government determined (in a process that took 8 months) that they were minors.

Moreover, the harsh conditions in the detention facilities amounted to inhuman or degrading treatment.

Date of decision: 09-01-2018