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Somali Association of South Africa and Others v The Refugee Appeal Board and Others (Case no 585/2020) [2021] ZASCA 124 (23 September 2021)

23 September 2021 | Judicial Body: South Africa: Supreme Court of Appeal | Document type: Case Law | Topic(s): Burden of proof - Credibility assessment - Persecution based on political opinion - Rule of law / Due process / Procedural fairness | Countries: Somalia - South Africa

CASE OF ABDI v. DENMARK (Application no. 41643/19)

The case concerns the Danish authorities’ decision in 2018 to expel the applicant, with a permanent ban on his re-entry to the country, following his conviction for possession of a firearm. Relying on Article 8 (right to respect for private and family life) of the European Convention, the applicant submits that, in their decisions, the Danish courts failed to weigh in the balance that he did not have a significant criminal past, that he had never been issued with a warning that he might be expelled, and that he had strong ties to Denmark where he has lived with his family since he was four years old.

14 September 2021 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Expulsion | Countries: Denmark - Somalia

Ainte (material deprivation – Art 3 – AM (Zimbabwe)) [2021] UKUT 0203 (IAC)

(i)Said [2016] EWCA Civ 442 is not to be read to exclude the possibility that Article 3 ECHR could be engaged by conditions of extreme material deprivation. Factors to be considered include the location where the harm arises, and whether it results from deliberate action or omission. (ii) In cases where the material deprivation is not intentionally caused the threshold is the modified N test set out in AM (Zimbabwe) [2020] UKSC 17. The question will be whether conditions are such that there is a real risk that the individual concerned will be exposed to intense suffering or a significant reduction in life expectancy. (iii) The Qualification Directive continues to have direct effect following the UK withdrawal from the EU.

22 July 2021 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): EU Qualification Directive - Freedom from torture, inhuman and degrading treatment - Livelihoods | Countries: Somalia - United Kingdom of Great Britain and Northern Ireland

#IBelong Campaign Update, April 2021 - June 2021

9 July 2021 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Country News

Background Note on Gender Equality, Nationality Laws and Statelessness 2021

5 March 2021 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Thematic Reports

Somalia: UNHCR Submission for the Universal Periodic Review - Somalia - UPR 38th Session (2021)

October 2020 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Country Reports

Campaign Update, April 2020 - June 2020

16 July 2020 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Country News

CASE OF NUR AND OTHERS v. UKRAINE (Application no. 77647/11)

The case mainly concerns the applicants’ complaints, under Article 5 of the Convention, that their arrest and detention as migrants in an irregular situation were unlawful, and that they were not informed of the reasons for their arrest and had no effective access to the procedure to challenge the lawfulness of their arrest and detention. It also concerns 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.

16 July 2020 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Access to procedures - Arbitrary arrest and detention - Right to liberty and security | Countries: Eritrea - Guinea - Somalia - Ukraine

Background Note on Gender Equality, Nationality Laws and Statelessness 2020

14 July 2020 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Thematic Reports

OPINION OF ADVOCATE GENERAL HOGAN in Case C‑255/19 Secretary of State for the Home Department v OA (Request for a preliminary ruling from the Upper Tribunal (Immigration and Asylum Chamber) (United Kingdom))

The concept of ‘protection’ of the ‘country of nationality’ in Article 2(c) and Article 11(1)(e) of Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted refers primarily to State protection on the part of an applicant’s country of nationality. It is nonetheless necessarily implicit in the provisions of Article 7(1)(b) and (2) Directive 2004/83 that in certain instances actors other than the State, such as parties or organisations can supply protection deemed equivalent to State protection in lieu of the State where those non-State actors control all or a substantial part of a State and have also sought to replicate traditional State functions by providing or supporting a functioning legal and policing system based on the rule of law. Mere financial and/or material support provided by non-State actors falls below the threshold of protection envisaged by Article 7 of Directive 2004/83. In order to ascertain whether a person has a well-founded fear of persecution, in accordance with Article 2(c) of Directive 2004/83, from non-State actors, the availability of ‘protection’ as described by Article 7(2) of that directive by actors of protection must be taken into consideration. The same analysis must be conducted in respect of the cessation of refugee status in accordance with Article 11(1)(e) of Directive 2004/83. The term ‘the protection of country of nationality’ in Article 11(1)(e) of Directive 2004/83 implies that any inquiry as to the nature of the protection available in that country in the context of a cessation decision is the same as envisaged by Article 7 of that directive. In order to arrive at the conclusion that a refugee’s fear of being persecuted is no longer well-founded, the competent authorities, by reference to Article 7(2) of Directive 2004/83, must verify, having regard to the refugee’s individual situation, that the actor or actors of protection of the third country in question have taken reasonable steps to prevent the persecution, that they therefore operate, inter alia, an effective legal system for the detection, prosecution and punishment of acts constituting persecution and that the national concerned will have access to such protection if he or she ceases to have refugee status.

30 April 2020 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Legal Instrument: 2004 Qualification Directive (EU) | Topic(s): Cessation clauses - Changes of circumstances in home country - EU Qualification Directive - State protection | Countries: Somalia - United Kingdom of Great Britain and Northern Ireland

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