Title OA (Somalia) Somalia CG [2022] UKUT 00033 (IAC)
Publisher United Kingdom: Upper Tribunal (Immigration and Asylum Chamber)
Publication Date 2 February 2022
Country United Kingdom of Great Britain and Northern Ireland | Somalia
Topics Country of origin information (COI)
Cite as OA (Somalia) Somalia CG [2022] UKUT 00033 (IAC), United Kingdom: Upper Tribunal (Immigration and Asylum Chamber), 2 February 2022, available at: https://www.refworld.org/cases,GBR_UTIAC,620abd061.html [accessed 18 May 2023]
Comments 1. In an Article 3 "living conditions" case, there must be a causal link between the Secretary of State's removal decision and any "intense suffering" feared by the returnee. This includes a requirement for temporal proximity between the removal decision and any "intense suffering" of which the returnee claims to be at real risk. This reflects the requirement in Paposhvili [2017] Imm AR 867 for intense suffering to be "serious, rapid and irreversible" in order to engage the returning State's obligations under Article 3 ECHR. A returnee fearing "intense suffering" on account of their prospective living conditions at some unknown point in the future is unlikely to be able to attribute responsibility for those living conditions to the Secretary of State, for to do so would be speculative.
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