Somalia

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 | 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

13 January 2010 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Conflict situation - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Muslim - Non-state agents of persecution - Persecution based on political opinion - Religious persecution (including forced conversion) - Security situation - State protection | Countries: Australia - Somalia

18 June 2009 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Topic(s): Abduction - Non-state agents of persecution - Racial / Ethnic persecution - Religious persecution (including forced conversion) - State protection - Tuni Torre - Witnesses | Countries: New Zealand - Somalia

16 April 2009 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Country of origin information (COI) - Gender discrimination - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Persecution based on political opinion - Sexual and gender-based violence (SGBV) - Single heads of household - Social group persecution - State protection - Women-at-risk | Countries: Australia - Somalia

1 December 2008 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Topic(s): Country of origin information (COI) - Domestic violence - Forced marriage - Gender discrimination - Issaq - Non-state agents of persecution - Persecution based on political opinion - Sexual and gender-based violence (SGBV) - Single heads of household - Social group persecution - State protection | Countries: New Zealand

14 November 2003 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Credibility assessment - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Racial / Ethnic persecution - State protection | Countries: Somalia - United Kingdom of Great Britain and Northern Ireland