Upper Tribunal (Immigration and asylum chamber), 2002-12-11, [2002] UKIAT 5720 (AA (Risk, Geledi, Benadiri Clan))
| Jurisdiction | UK Non-devolved |
| Judge | Mr K Drabu, Dr HH Storey, Mr A A Lloyd JP |
| Status | Reported |
| Date | 11 December 2002 |
| Published date | 28 February 2005 |
| Court | Upper Tribunal (Immigration and Asylum Chamber) |
| Hearing Date | 12 November 2002 |
| Subject Matter | Risk, Geledi, Benadiri Clan |
| Appeal Number | [2002] UKIAT 5720 |
Appeal No. HX19630-2002
AA (Risk-Geledi-Benadiri Clan) Somalia CG [2002] UKIAT05720
IMMIGRATION APPEAL TRIBUNAL
Date heard: 12 November 2002
Date notified:11/12/2002
Before:-
DR H H STOREY (Chair))
MR K DRABU
MR A A LLOYD
Between
MR ABDULLAHI MOHAMED ALI
Appellant
And
SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
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...
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