AA (Risk-Geledi-Benadiri Clan)

JurisdictionEngland & Wales
CourtImmigration Appeals Tribunal
JudgeDR H H STOREY
Judgment Date11 December 2002
Neutral Citation[2002] UKIAT 5720
Docket NumberAppeal No. HX19630-2002

[2002] UKIAT 5720

IMMIGRATION APPEAL TRIBUNAL

Before:-

Dr H H Storey (Chair))

Mr K Drabu

Mr A A Lloyd

Appeal No. HX19630-2002

Between
Mr Abdullahi Mohamed Ali
Appellant
and
Secretary of State for the Home Department
Respondent

AA (Risk-Geledi-Benadiri Clan) Somalia CG

DETERMINATION AND REASONS
1

The appellant, a national of Somalia, has appealed with leave of the Tribunal against a determination of Adjudicator, Miss J Grimmett, dismissing the appeal against the decision by the respondent refusing to grant asylum albeit granting limited leave until February 2003. Miss R Chapman of Counsel instructed by Wilson & Co Solicitors represented the appellant. Mr P Deller appeared for the respondent. This is a s.69 (3) appeal.

2

The Tribunal has decided to allow this appeal.

3

The adjudicator accepted that the appellant was a member of the Geledi clan. However she dismissed the appeal firstly, because she did not consider that the Geledi are considered to be a sub-group of the Benadiri; and secondly, even if considered to be Benadiri, the latest CIPU reports said that persecution solely on the basis of clan membership is now very unlikely in most areas of Somalia.

4

Miss Chapman urged the Tribunal to find, particularly in the light of the further letter from Dr Lulling, an expert on southern Somalia, that it was clear the appellant would be perceived as a member of a minority clan whose position was extremely vulnerable. Mr Deller contended that the adjudicator's finding — that the appellant as a member of the Geledi clan would not be perceived as belonging to the Benadiri — was sustainable. He did not seek to defend the adjudicator's second principal finding. He said that flaws in the determination otherwise would merit a remittal, but that the appeal should not be allowed in full.

5

We would first of all state that we continue to take the view adopted by the Tribunal in previous cases (such as Sabriye [2002] UKIAT 02264, Ebyain [2002] UKIAT 02543, Abdi [2002] UKIAT 02927 and Hussain [2002] UKIAT 02545)) that members of the Benadiri clan remain at real risk of persecution. Insofar as the adjudicator took into account Home Office policy on the matter, she appears to have wrongly understood the previous policy position on the Benadiri to have changed: as Mr Deller confirmed, it has not. Insofar as the adjudicator viewed the latest CIPU materials to negate the view that in parts of Somalia persecution on the basis of clan membership persists, we consider she was wrong. It is true that these materials do indicate that the position is different in different regions: thus at paragraph 4.7 of the April 2002 Assessment it is stated that there is no general clan-based persecution in Somaliland. However, in relation to certain other areas including those with which we are concerned in this case, these materials are more cautious: see e. g. 4.17 and 4.25. An additional Home Office document still in use states that: “It is acknowledged that the Benadiri suffered persecution on the basis of their ethnicity and that they cannot return to Somalia”. The US State Department profile of Somali asylum claims describes the Benadiri as “especially vulnerable to attack”. Amnesty International takes a similar view. In addition the adjudicator had before her the Joint British, Danish and Dutch fact-finding mission to Nairobi, Kenya of September 2000 which continued to see the Benadiri as at risk of serious human rights abuses.

6

Hence the appellant is entitled to succeed in his asylum appeal if he can establish...

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2 cases
  • HH & others (Mogadishu: armed conflict: risk)
    • United Kingdom
    • Asylum and Immigration Tribunal
    • 22 November 2007
    ...to international protection as unprotected minorities. The evidence on which the Tribunal inAA (Risk-Geledi-Benadiri Clan) Somalia [2002] UKIAT 05720reached its conclusions is also now materially out of date and unreliable and should no longer be followed. DETERMINATION AND REASONS Introduc......
  • Upper Tribunal (Immigration and asylum chamber), 2002-12-11, [2002] UKIAT 5720 (AA (Risk, Geledi, Benadiri Clan))
    • United Kingdom
    • Upper Tribunal (Immigration and Asylum Chamber)
    • 11 December 2002
    ...HX19630-2002 AA (Risk-Geledi-Benadiri Clan) Somalia CG [2002] UKIAT05720 IMMIGRATION APPEAL TRIBUNALDate heard: 12 November 2002Date notified:11/12/2002 Before:-DR H H STOREY (Chair))MR K DRABUMR A A LLOYD Between MR ABDULLAHI MOHAMED ALI Appellant AndSECRETARY OF STATE FOR THE HOME DEPARTM......

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