Title AM & AM (Armed Conflict: Risk Categories) Somalia v. Secretary of State for the Home Department
Publisher United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority
Author Asylum and Immigration Tribunal (AIT)
Publication Date 27 January 2009
Country United Kingdom of Great Britain and Northern Ireland | Somalia
Topics Complementary forms of protection | Country of origin information (COI) | EU Qualification Directive | Internal armed conflict | Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) | Internally displaced persons (IDPs) | Racial / Ethnic persecution | Returnees | Sheikhal
Citation / Document Symbol CG [2008] UKAIT 00091
Cite as AM & AM (Armed Conflict: Risk Categories) Somalia v. Secretary of State for the Home Department, CG [2008] UKAIT 00091, United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority, 27 January 2009, available at: http://www.refworld.org/docid/4934f7542.html [accessed 25 April 2014]
Comments Heard at Field House on 27-29 October 2008. This determination supersedes HH & Others (Mogadishu: Armed Conflict: Risk) Somalia CG [2008] UKAIT 00022 to the following extent:
(i)There is now an internal armed conflict within the meaning of international humanitarian law (IHL) and Article 15(c) of the Refugee Qualification Directive throughout central and southern Somalia, not just in and around Mogadishu. The armed conflict taking place in Mogadishu currently amounts to indiscriminate violence at such a level of severity as to place the great majority of the population at risk of a consistent pattern of indiscriminate violence. On the present evidence Mogadishu is no longer safe as a place to live in for the great majority of returnees whose home area is Mogadishu;
(ii) Assessment of the extent to which internally displaced persons (IDPs) face greater or lesser hardships, at least outside Mogadishu (where security considerations are particularly grave,) will vary significantly depending on a number of factors;
(iii) For those whose home area is not Mogadishu, they will not in general be able to show a real risk of persecution or serious harm or ill treatment simply on the basis that they are a civilian or even a civilian internally displaced person (IDP) and from such and such a home area, albeit much will depend on the precise state of the background evidence relating to their home area at the date of decision or hearing;
(iv) As regards internal relocation, whether those whose home area is Mogadishu (or any other part of central and southern Somalia) will be able to relocate in safety and without undue hardship will depend on the evidence as to the general circumstances in the relevant parts of central and southern Somalia and the personal circumstances of the applicant. Whether or not it is likely that relocation will mean that they have to live for a substantial period in an IDP camp, will be an important but not necessarily a decisive factor;
(v) As a result of the current conflict between the TFG/Ethiopians and the insurgents, the Sheikhal clan (including the Sheikhal Logobe), by virtue of the hostile attitude taken towards them by Al Shabab, is less able to secure protection for its members than previously, although both as regards their risk of persecution and serious harm and their protection much will depend on the particular circumstances of any individual clan member’s case.
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