ASJ (appellant) v Secretary of State for the Home Department (respondent)
Tuesday 11 March 2025
Appeal against the decision of the Upper Tribunal (Immigration and Asylum Chamber) promulgated on 14 June 2022.
The appellant is a citizen of Somalis who left Somalia in 2014 with his mother and brothers. They travelled to Sweden where their asylum claims were refused. The appellant arrived in the UK in February 2018 and his asylum claim refused after which he was removed to Sweden in October 2018. He re-entered the UK illegally in 2019 and his claim was refused by the respondent in a decision dated 17 June 2020. The First Tier Tribunal (FTT) dismissed the appeal finding that the appellant would not be of interest to the Al Shabaab and therefore not at risk if returned and that his circumstances would mean it would not be unduly harsh for his return.
Permission to appeal was refused in the FtT but granted in the Upper Tribunal with regards to the FtT’s approach to the financial support the appellant would have from family members given that the tribunal regarded the unduly harsh assessment to be a ‘finely balanced’.
The UT set aside the decision of the FtT as it found the judge materially erred in respect of minority clan support.