UK uses cookies to make the site simpler. Find out more about cookies. The application for permission to appeal was made by the Secretary of State but nonetheless hereinafter I shall refer to the parties as they were described in the First-tier Tribunal. The Secretary of State appealed with permission against the decision of First-tier Tribunal Judge Rhys-Davies promulgated on 10th March in which the judge allowed the appellant's appeal against the decision to revoke his refugee status, allowed his appeal on human rights grounds Article 3 European Convention on Human Rights and dismissed his appeal on humanitarian protection grounds.
The appellant is a citizen of Somali born on 4th February 38 years old at the date of the hearing and he was granted refugee status on 21st October on the basis he was a member of the minority Ashraf clan. He was also given indefinite leave to remain owing to his refugee status.
The respondent revoked the appellant's indefinite leave to remain on 3rd September because he had committed criminal offences. The judge recorded that there was no PNC printout of the appellant's history of convictions but the appellant admitted that he had committed offences.
Nonetheless he was granted discretionary leave to remain in place of his indefinite leave valid until 4th October On 16th December he was served with a notification ISA notifying him that he was now an overstayer and given temporary admission. He then absconded. On 20th December the respondent decided to cease the appellant's refugee status and explained in her letter that there had been significant changes in the general country conditions in Somalia and ordinary civilians returning to Mogadishu after a period of absence would in general not face a real risk of persecution or risk of harm such as to require protection under Article 3 of the European Convention on Human Rights.
There was no indication that the appellant was liable to or had been served with a certificate under Section 72 Nationality, Immigration and Asylum Act The appellant made submissions that his removal to Somalia would be in breach of the UK obligations under the UN Geneva Convention and contrary to the Refugee or Person in Need of International Protection Qualification Regulations as well as a breach of his human rights.
