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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
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
Denmark - Refugee Appeals Board’s decision of 1 December 2017
Country of applicant: Somalia

The complainant is a Sunni Muslim from Mogadishu, Somalia. In July 2015 the Danish Immigration Service decided that his subsidiary protection status under the Danish Aliens Act. Art. 7 (2) had lapsed according to the Danish Aliens Act Art. 17 (1) and (4). The Refugee Appeals Board did not consider that the Danish Immigrations Service had lifted its burden of proof according to the Danish Aliens Act Art 17 (4). Consequently, the Board granted the complainant continued subsidiary protection under the Danish Aliens Act Art. 7 (2).  

Date of decision: 01-12-2017
Denmark - the Refugee Appeals Board’s decision of 1 December 2017
Country of applicant: Somalia

The complainant is an ethnic Galadi and a Muslim from Afgoye, Somalia. On 6 April 2017, the Danish Immigration Service decided not to prolong the complainant’s subsidiary protection under the Danish Aliens Act Art. 11 (2), cf. Art. 19 (1) no. 1 and Art. 19 (7) cf. Art. 26 (1).

After an overall assessment of the country of origin information the Board found that a deportation of the complainant to Afgoye no longer constitutes a violation of Denmark’s international obligations including ECHR article 3. However, regarding the assessment under the Aliens Act article 26, the Board found that due to the applicant’s economic, linguistic and social integration the Immigration Service’s decision to end the applicant’s subsidiary protection was incorrect. Thus the Board decided to uphold his subsidiary protection under the Danish Aliens Act Art. 7 (2).

Date of decision: 01-12-2017