Ali & Anor v Secretary of State for the Home Department [2006] EWCA Civ 846 (27 January 2006)

Ali & Anor v Secretary of State for the Home Department [2006] EWCA Civ 846 (27 January 2006)

It is arguable that the Tribunal failed to provide legally sufficient reasons for concluding that the applicants, despite accepted past persecution, do not face a real risk of future persecution on return to Somalia, particularly in the absence of evidence of a significant change in country conditions.

Citation
[2006] EWCA Civ 846
Parties
Claimant/applicant: Ms Mariam Muse Ali; Claimant/applicant: Ms Asha Muse Ali; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
27 January 2006
Procedural Posture
Immigration Appeal / Renewed Application for Permission to Appeal
Outcome
permission to appeal granted
Legal Topics
Asylum, Refugee Status, Article 3 ECHR, Risk on Return, Past Persecution, Well Founded Fear
Immigration Law Human Rights Law Asylum Refugee Status Article 3 ECHR Risk on Return Past Persecution Well Founded Fear

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Parties

Ms Mariam Muse Ali

Claimant/applicant

Ms Asha Muse Ali

Claimant/applicant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Immigration Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the Asylum and Immigration Tribunal failed to give legally sufficient reasons for dismissing the appeal despite accepting past persecution
  2. 2 Whether the risk on return to Somalia for the applicants, as young single females, was adequately considered under Article 3 ECHR

Ratio Decidendi

It is arguable that the Tribunal failed to provide legally sufficient reasons for concluding that the applicants, despite accepted past persecution, do not face a real risk of future persecution on return to Somalia, particularly in the absence of evidence of a significant change in country conditions.

Court Disposition

permission to appeal granted

Orders

  • Time for application extended
  • Permission to appeal granted