Somalia:
Asylum and Appeals Policy Directorate
1. Introduction
1.1 This document summarises the general, political and human
rights situation in Somalia and provides information on the nature and
handling of claims frequently received from nationals/residents of
that province. It must be read in conjunction with the CIPU Somalia
Country Report April 2005 and any CIPU Somalia Bulletins.
1.2 This guidance is intended to provide clear guidance on
whether the main types of claim are or are not likely to justify the
grant of asylum, Humanitarian Protection or Discretionary Leave.
Caseworkers should refer to the following Asylum Policy Instructions
for further details of the policy on these areas:
API on Assessing the Claim
API on Humanitarian Protection
API on Discretionary Leave
API on the European Convention on Human Rights
1.3 Claims should be considered on an individual basis, but
taking full account of the information set out below, in particular
Part 3 on main categories of claim.
Source documents
1.4 Where paragraph numbers have been cited, these refer to the
CIPU Somalia Country Report April 2005.
2. Country assessment
2.1 Since the fall of President Siad Barre in January 1991,
Somalia has been without a functioning central government. During the
1990s, the country was in a perpetual state of civil war with rival
clan warlords and their associated militias engaged in armed conflicts
over control of various regions. The most serious outbreaks of clan
violence were in southern and central regions. In some areas, notably
Puntland and Somaliland in the north, local administrations function
effectively in lieu of a central government. In these areas the
existence of local administrations, as well as more traditional forms
of conflict resolution such as councils of clan Elders, helps to
prevent disputes degenerating rapidly into armed conflict. [4.1 -
4.13, 5.5 - 5.30 & 6.133 - 6.162]
2.2 In 2000, Djibouti hosted a major reconciliation conference;
the 13th such attempt since 1991. In August 2000, the Transitional
National Government (TNG) was inaugurated, however it failed to extend
its authority much beyond some areas of Mogadishu during its 3-year
mandate which expired in August 2003. In early 2002, Kenya organised a
further reconciliation effort under IGAD auspices known as the Somalia
National Reconciliation Conference, which concluded in October 2004.
In August 2004, the Somali Transitional Federal Assembly (TFA) was
established as part of the IGAD-led process. Abdullahi Yusuf Ahmed was
elected Transitional Federal President of Somalia on 10 October 2004
and Ali Mohamed Ghedi was approved by the Transitional Federal
Assembly as Prime Minister on 24 December 2004 as part of the
continued formation of a Transitional Federal Government (TFG). [4.14
- 4.17 & 4.22]
2.3 The Transitional Federal Parliament (TFP) approved the
interim government's cabinet put forward by the Prime Minister Ghedi
in January 2005. It was the second attempt after the first cabinet was
rejected in December 2004. The Africa Union (AU) has agreed in
principle to provide troops to ensure the safe return of Somalia's new
government to Mogadishu. Recent incidents in Mogadishu have
illustrated how volatile the capital remains. Elsewhere, gun battles
between rival Hawiye sub-clans in the Mudug and Galgadud regions left
more than 100 people dead in the first two weeks of December 2004.
[4.23, 5.11 ? 5.15, 5.22, 6.139, 6.155 ? 6.157]
2.4 In the north of the country there are two autonomous
regions with separate administrations: Somaliland and Puntland. The
'Republic of Somaliland' declared its independence from the rest of
Somalia in 1991, although this is not recognised internationally.
Somaliland did not taken part in the National Reconciliation
Conference in Kenya and following the establishment of the
Transitional Federal Parliament and President in the autumn of 2004,
re-emphasised its autonomy and territorial boundaries. [4.29 - 4.30,
5.29 - 5.30 & 6.160 - 6.162] The self-declared "Puntland State of
Somalia" has been led since 1998 by President Abdullahi Yusuf.
Puntland has said that it has no aspirations to form a separate state.
A dispute between Somaliland and Puntland over control of Sool and
Sanaag regions has been ongoing since December 2003. Troops from both
sides are still deployed in the border region and the conflict remains
unresolved. A prominent participant in the reconciliation process in
Kenya, Yusuf was elected President of the TFG in October 2004. He
remains the pre-eminent leader in Puntland. [4.26 - 4.28, 5.26 - 5.28
& 6.158 - 6.159]
2.5 Political power in many areas of central and southern
Somalia, including Mogadishu, is in the hands of local warlords or
leading figures of the dominant clan or sub clan in that area. These
regions are much less homogeneous in clan terms than Puntland and
Somaliland, which is reflected in the large number of clan-based
militia; some of which control only small areas. There are several
regional clan-based administrations, some of which co-operate with
neighbouring authorities that permit free movement of people and trade
across regional boundaries. Many authorities are comprised of councils
of Elders, often heavily influenced by a dominant local militia. Rival
Hawiye factions control most key regions and urban areas of central
and southern Somalia. [5.5 ? 5.30] Though control of each region/sub
region has generally been with the same warlord and/or clan grouping
for the past decade or so, the fluidity of the security and political
situation in most of the regions means that control is liable to be
contested in sporadic outbursts of armed conflict. [5.5 ? 5.25 & 6.133
? 6.162]
2.6 The country's human rights situation remained poor and
serious human rights abuses continued in 2004. Throughout the country,
human rights violations remain endemic. These include murder, looting
and destruction of property, use of child soldiers, kidnapping,
discrimination of minorities, torture, unlawful arrest and detention,
and denial of due process by local authorities. The prolonged absence
of a central government complicates efforts to address the human
rights violations. While the de facto authorities are accountable for
the human rights situation in the areas they control, many are either
not aware of or choose to ignore international conventions, or do not
have the capacity to enforce respect for human rights and justice.
[6.1]
2.7 The human rights situation is better in Somaliland and
Puntland than in other parts of Somalia. Somaliland and Puntland have
constitutions that provide for citizens' rights and have civic
institutions that provide a degree of protection to individuals; the
human rights situation reportedly continues to improve in these two
regions. [5.3 - 5.4, 5.26 - 5.30 & 6.3] There are a number of local
and international NGOs engaged in human rights activity currently
operating in southern Somalia, though their presence is subject to
change according to the prevailing security conditions and the will of
de facto administrations. The human rights groups located in
Somaliland are able to operate freely while those based in Puntland
however are shown little tolerance by the political authorities. [6.15
- 6.23]
2.8 Somali society is characterised by membership of clan
families (which are sub-divided into clans and sub-clans) or
membership of minority groups. An individual's position depends to a
large extent on their clan origins. In general terms, a person should
be safe in an area controlled by their clan, and any person,
irrespective of clan or ethnic origin, will be safe from general
clan-based persecution in Somaliland and Puntland. [6.73 ? 6.79 &
Annexes B - C] The chronic and widespread level of underdevelopment in
Somalia makes a large portion of the population vulnerable not only to
humanitarian crisis, but also to violations of their human rights.
Somalis with no clan affiliation, and thus protection, are the most
vulnerable to such violations, including predatory acts by criminal
and militias, as well economic, political, cultural and social
discrimination. [6.82]
2.9 Societal discrimination against women is widespread and the
practice of female genital mutilation almost universal. Instances of
gender-based violence are increasing, including rape and domestic
violence. [6.103 ? 6.108] The cultural attitudes of traditional elders
and law enforcement officials routinely result in restrictions on
women's access to justice, denial of their right to due process and
their inhumane treatment in detention [6.99 & 6.104].
2.10 The overwhelming majority of Somalis are Sunni Muslims and
Islam has been declared the 'official' religion by some local
administrations. The Sunni majority may view non-Sunni Muslims and
people observing other faiths with suspicion. There have been reports
of non-Muslims experiencing societal harassment problems because of
their religion, in particular where an attempt has been made to
convert Muslims. This practice is illegal in Somaliland and Puntland
and effectively blocked by informal social consensus elsewhere. [6.34
? 6.38]
2.11 There is no national judicial system or police force,
however regional administrations have some functioning courts and
civilian police forces. In most areas the locally organised judiciary
is an inconsistent mixture of traditional and customary justice,
Islamic Shari'a law and the pre-1991 penal code. [5.31 ? 5.33 & 5.44 ?
5.49] In Somaliland and Puntland, where the pre-1991 penal code still
generally applies, an accused person can be assisted by a lawyer and
has some appeal rights, even in the Shari'a courts [5.36 ? 5.37]. The
right to representation by an attorney and the right to appeal does
not exist in most southern/central regions that apply traditional and
customary judicial practices or Shari'a law. [5.34 ? 5.35] The death
penalty is enforced. [5.40]
2.12 Since the collapse of central government in 1991 there has
not been a national army in Somalia. The TNG attempted to re-establish
a national army in November 2000 and maintain a police force in
Mogadishu in March 2001, however their effectiveness was temporary and
its authority limited. The Somaliland authorities have established an
effective regional army, which numbered 7,000 in August 2002. In the
absence of a national army or police force, and in spite of the
establishment of the TFG in Kenya in 2004, control of the majority of
the country continues to be in the hands of factional warlords and
their localised majority clan-based militias. [5.42 - 5.49]
2.13 Despite the absence of a central government based in the
country, there is generally free movement, of both people and goods,
within Somalia, although travel between regions may be dangerous at
times as bandits operate and militias mount roadblocks to extort
tolls. Security conditions generally have however continued to improve
enough in many parts of the country in recent years to allow many
refugees to return to their homes since 2003. [6.58 ? 6.62 & 6.129 -
6.131] Scheduled international air services operate to airports in
Somaliland, Puntland and Mogadishu from Djibouti, Ethiopia, Kenya and
some Middle Eastern states. [6.63]
3. Main categories of claims
3.1 This Section sets out the main types of asylum claim, human
rights claim and Humanitarian Protection claim (whether explicit or
implied) made by those entitled to reside in Somalia. It also contains
any common claims that may raise issues covered by the API on
Discretionary Leave. Where appropriate it provides guidance on whether
or not an individual making a claim is likely to face a real risk of
persecution, unlawful killing or torture or inhuman or degrading
treatment/punishment. It also provides guidance on whether or not
sufficiency of protection is available in cases where the threat comes
from a non-state actor; and whether or not internal relocation is an
option. The law and policies on persecution, Humanitarian Protection,
sufficiency of protection and internal flight are set out in the
relevant APIs, but how these affect particular categories of claim are
set out in the instructions below.
3.2 Each claim should be assessed to determine whether there
are reasonable grounds for believing that the applicant would, if
returned, face persecution for a Convention reason - i.e. due to their
race, religion, nationality, membership of a particular social group
or political opinion. The approach set out in Karanakaran should be
followed when deciding how much weight to be given to the material
provided in support of the claim (see the API on Assessing the Claim).
3.3 If the applicant does not qualify for asylum, consideration
should be given as to whether a grant of Humanitarian Protection is
appropriate. If the applicant qualifies for neither asylum nor
Humanitarian Protection, consideration should be given as to whether
he/she qualifies for Discretionary Leave, either on the basis of the
particular categories detailed in Section 4 or on their individual
circumstances.
3.4 This guidance is not designed to cover issues of
credibility. Caseworkers will need to consider credibility issues
based on all the information available to them. (For guidance on
credibility see paragraph 11 of the API on Assessing the Claim and
sub-sections 5.1 to 5.4 below on particular issues relating to claims
made by Somalis)
3.5 Also, this guidance does not generally provide information
on whether or not a person should be excluded from the Refugee
Convention or from Humanitarian Protection or Discretionary Leave.
(See API on Humanitarian Protection and API on Exclusion under Article
1F or 33(2) and API on DL)
All
APIs can be accessed via the IND website.
3.6 Members of major clan families or related sub-clans
3.6.1 Some applicants claim asylum based on their fear of
discrimination amounting to persecution at the hands of an individual
and/or sub-group of a rival clan family due to their membership of a
particular clan or sub-clan.
3.6.2 Treatment. Somali society is characterised by membership of
clan families (which are sub-divided into clans and many sub-clans) or
membership of minority groups. Clan members are classified as ethnic
Somali and minority groups are usually classified as non-ethnic
Somali. The clan structure comprises four major "noble" clan-families;
Darod, Hawiye, Isaaq and Dir. "Noble" refers to the widespread Somali
belief that members of the major clans are descended from a common
Somali ancestor, and that the minority clans/groups have a different,
usually mixed, parentage. Two further clans, the Digil and Mirifle
(also collectively referred to as Rahanweyn), take, in many aspects,
an intermediate position between the main Somali clans and the
minority groups. [6.74 & Annex B ? C]
3.6.3 The dominant clan in any particular area has generally
excluded and discriminated against other clans and minorities from
participation in power in that area. Due to the fluid security
situation and absence of a central government, instances of armed
inter-clan and intra-clan conflict and serious human rights abuses
continue to be reported in many southern and central areas as rival
factions compete for control of local resources. [6.1 ? 6.3, 5.5 ?
5.30, 6.74 & 6.133 ? 6.162] As a result of this, there are many
thousands of internally displaced persons living outside their
traditional home area, particularly where rival clan factions have
taken control of their home area. [6.128] However, most ethnic Somalis
(i.e. those belonging to major clans) are able to live safely within
territories controlled by their clan. Though not usually targeted,
civilians will very often know how to escape or avoid being involved
in armed clan conflicts. [6.76]
3.6.4 Sufficiency of protection. In the absence of a central
Government, most Somalis ensure their personal safety by residing in
the 'home areas' of their clan, where they can see and receive
adequate protection from their kinship group. [6.76 & Annex B]
Generally, only those unable to reside in such areas will not be able
to obtain sufficient protection from ill treatment/persecution on the
basis of clan membership.
3.6.5 Internal relocation. Those affiliated to major clan
families, their immediate clan groups and associated sub clans should
be able to safely reside in an area in which their clan is present.
[6.76, Annex B] Freedom of movement is restricted in some parts of the
country due to sporadic clan or sub-clan conflict, especially in
southern and central regions. Checkpoints manned by militiamen loyal
to one clan or faction inhibit passage by other groups [6.56],
nevertheless internal relocation for major clan affiliates is
generally possible.
3.6.6 Large parts of northern Somalia, namely Somaliland and
Puntland, are considered generally safe regardless of clan membership.
However, the authorities controlling the Somaliland and Puntland
regions have made it clear that they would only admit to the areas
they control those who originate from that territory or those who have
close affiliations to the territory through clan membership. In the
case of majority clan affiliates, this means those associated with the
Majerteen in Puntland and the Isaaq in Somaliland. [6.67, Annex B]
3.6.7 Caselaw.
IAT Determinations: W (Somalia) [2003] UKIAT 00111. Situation
in Mogadishu, although unsatisfactory, is not such as to give rise to
a breach of Article 3 (or any other Articles) for a majority clan
member.
M (Somalia) [2003] UKIAT 00129. The Tunni who are associated with the
Digil clan are not a minority clan, and are not currently persecuted
in Somalia by other, majority clans or groups.
SH (Somalia) [2004] UKIAT 00164. The claimant belonged to the Darod
clan, sub-clan Marehan, which is not a minority clan in Somalia, so
that members of the clan do not face persecution by reason of clan
membership alone. The Marehan clans dominate the Gedo region, and that
area would have provided adequate safety for the claimant.
AE (Somalia) [2004] UKIAT 00281. On the material available to it, the
Tribunal was not satisfied that the Bimaal clan was able to draw upon
effective protection in Mogadishu or in Marka. Although the Dir
afforded effective protection to clan members in the north of Somalia,
they offered no protection to the Bimaal in southern Somalia.
SH (Somalia) [2004] UKIAT 00272. Rahanweyn does not constitute a
minority clan, it is clearly affiliated with the majority Digil clan
and its main political embodiment, the RRA, has control of the Bay and
Bakool regions. There was no evidence that the Elai are a vulnerable
subclan.
HM (Somalia) [2005] UKIAT 00040 promulgated 26 January 2005. Somali
women ? Particular Social Group. The Tribunal found that women in
Somalia form a PSG not just because they are women but because they
are extensively discriminated against.
NM and Others (Somalia) CG [2005] UKIAT 00076 promulgated 14 February
2005. Lone women ? Ashraf. The Tribunal found that where the claimant,
male or female, from Southern Somalia, is not found to be a minority
clan member, there is a likely to be a location in southern Somalia in
which the majority clan is able to afford protection sufficiently for
neither Convention to apply. Although lone females will be at greater
risk than males, they will not be able to show that, simply as lone
females from the UK, they have no place of clan safety. ? A majority
clan is characterised as one which has its own militia. The strongly
clan and family nature of Somali society makes it reasonably likely
that a militia escort could sufficiently protect a returnee from
Mogadishu through the road blocks and en route banditry to the clan
home area. Unwillingness on the part of the claimant to make such an
arrangement is irrelevant.... Being a single woman returnee is not of
itself a sufficient differentiator.
3.6.8 Conclusion. It is unlikely than any Somali belonging to
one of the major clan-families ? their immediate clan groups or
associated sub clans - would be able to demonstrate that they have a
well-founded fear of persecution within the terms of the 1951
Convention on the basis of their clan affiliation alone. All clan
family groups are represented in Mogadishu, many Somali clans are
present in more than one area of Somalia and also in areas beyond
Somalia's borders. Moreover, people displaced from their home area may
move to other areas populated by their clan. Somalis are increasingly
able to both visit and live in cities outside their clan's traditional
domain. There will always be an area in Somalia in which they can live
safely. The grant of asylum is therefore not likely to be appropriate
in such cases.
3.7 Bajunis
3.7.1 Some applicants claim asylum based on ill treatment
amounting to persecution at the hands of major clan and sub-clan
militias or other clan-based controlling groups in southern/ central
Somalia on account of their underclass status as members of the Bajuni
minority group.
3.7.2 Treatment. Somalis with no clan affiliation are the most
vulnerable to serious human rights violations, including predatory
acts by criminal and militias, as well economic, political, cultural
and social discrimination. These groups comprise an estimated two
million people, or about one third of the Somali population and
include the Bajuni. [6.82]
3.7.3 The small Bajuni population (around 11,000 in 2003) is
traditionally made up of fishermen and sailors from coastal
settlements and islands south of Kismayo. They suffered considerably
at the hands of Somali militia during the civil war in the early
1990s, have lost property and were prevented from pursuing their
traditional livelihoods by occupying Somali clans, principally the
Marehan. Though Marehan settlers still have effective control of the
islands, Bajuni can work for the Marehan as paid labourers. This is an
improvement on the period during the 1990s when General Morgan?s
forces controlled Kismayo and the islands, when the Bajuni were
treated by the occupying Somali clans as little more than slave
labour. Essentially the plight of the Bajuni is based on the denial of
economic access by Somali clans, rather than outright abuse. [6.85 ?
6.87]
3.7.4 Sufficiency of protection. Minority groups that are
politically and economically the weakest and are culturally and
ethnically distinct from Somali clan families such as the Bajuni are
not able to secure protection from any major clan family or related
sub-clan. They are vulnerable to discrimination and exclusion wherever
they reside. [6.82 ? 6.83] Bajunis do not therefore have access to
adequate protection from their persecutors.
3.7.5 Internal relocation. As the Bajuni are vulnerable to
discrimination and exclusion by major clan and sub-clan groups
throughout southern/central Somalia [6.82 ? 6.83], internal relocation
within these regions is therefore not a reasonable option. The
possibility of internal relocation to Somaliland or Puntland is also
not an option as the authorities in these areas have made it clear
that they would only admit to the territory they control those who are
of the same clan or who were previously resident in that particular
area. [6.67]
3.7.6 Caselaw.
IAT Determinations: AJH (Somalia) [2003] UKIAT 00094. Persons
of Bajuni or Bravanese ethnicity are likely to face persecution and
cannot reasonably relocate, particularly if they are female. This case
sets out the test for caseworkers assessing the credibility of claims
of Bajuni ethnicity. (see paragraph 5.1.5 below).
KS (Somalia) CG [2004] UKIAT 00271. The background evidence on Somalia
shows that members of certain clans or groups, such as the Bajuni, are
likely to be able to demonstrate a risk of persecution on return. For
such persons, clan membership will usually be determinative but may
not be in cases where there are features and circumstances which
indicate that the claimant is not in fact at the same risk as that
faced generally by other clan members (for example where a female
marries into a majority clan she may have protection from her
husband's clan).
The decision contains (at paras 40 to 44) further guidance on
assessing the credibility of claims of Bajuni ethnicity, looking in
particular at the issue of the language(s) spoken by the claimant.
3.7.7 Conclusion. Bajunis are part of the underclass in Somali
society and are subject to political and economic exclusion due mainly
to them being culturally and ethnically unconnected to any major clan
group. They are unable to secure protection from any clan group and
are therefore in a vulnerable position wherever they reside.
Individual applicants who have demonstrated a reasonable likelihood
that they are members of Bajuni ethnicity are likely to encounter ill
treatment amounting to persecution. The grant of asylum in such cases
is therefore likely to be appropriate.
3.8 Benadiri (Rer Hamar) or Bravanese
3.8.1 Some applicants will claim asylum based on ill treatment
amounting to persecution at the hands of dominant clan and sub-clan
militias or other clan-based controlling groups in southern/central
Somalia on account of their underclass status as member of one of the
Benadiri (Rer Hamar) or Bravanese minority groups.
3.8.2 Treatment. Somalis with no clan affiliation are the most
vulnerable to serious human rights violations, including predatory
acts by criminal and militias, as well economic, political, cultural
and social discrimination. These groups comprise an estimated two
million people, or about one third of the Somali population and
include the Benadiri (Rer Hamar) and Bravanese. [6.82]
3.8.3 The Benadiri are an urban people of East African Swahili
origin. They all lost property during the war and the majority of
Benadiri fled to Kenya. Those that remain live mainly in the coastal
cities of Mogadishu, Merka and Brava. The situation of the Benadiri
remaining in Somalia is difficult, as they cannot rebuild their
businesses in the presence of clan militias. As of 2003, 90% of the
Rer Hamar population in Mogadishu had left the city as a consequence
of civil war and lack of security. The majority of Rer Hamar who are
still in Mogadishu are older people who live in Mogadishu?s
traditional Rer Hamar district; Hamar Weyn which is controlled by
militias of the Habr Gedir sub-clan, Suleiman. Most homes belonging to
the Benadiri and Bravanese in Mogadishu had been taken over by members
of clan militias, although sometimes the clan occupants allowed them
to reside in one room. [6.92 ? 6.93]
3.8.4 The Bravanese are long established in the city of Brava,
believed to be of mixed Arab, Portuguese and other descent. These
groups have been particularly disadvantaged and targeted by clan
militia since the collapse of central authority in 1991. Bravanese
have mostly fled from the coastal town of Brava, although some are
still living in the town, which is controlled by the Habr Gedir. The
Bravanese who remained face abuses such as forced labour, sexual
slavery and general intimidation. [6.93]
3.8.5 Sufficiency of protection. Minority groups based in
southern or central Somalia that are politically and economically the
weakest and are culturally and ethnically distinct from Somali clan
families such as the Benadiri (Rer Hamar) and Bravanese are not able
to secure protection from any major clan family or related sub-clan in
these regions. They are vulnerable to discrimination and exclusion
wherever they reside. [6.82 ? 6.83]
3.8.6 Internal relocation. As the Benadiri (Rer Hamar) and
Bravanese are vulnerable to discrimination and exclusion by major clan
and sub-clan groups throughout southern and central Somalia [6.82 ?
6.83], internal relocation within these regions is not a reasonable
option. The possibility of internal relocation to Somaliland or
Puntland is restricted; in these areas the authorities have made it
clear that they would only admit to the territory they control those
who are of the same clan or who were previously resident in that
particular area. [6.67]
3.8.7 Caselaw.
IAT Determinations: AJH (Somalia) [2003] UKIAT 00094. Persons
of Bajuni or Bravanese ethnicity are likely to face persecution and
cannot reasonably relocate, particularly if they are female. This case
sets out the test for caseworkers assessing the credibility of claims
of Bajuni ethnicity but can be applied to all minority group claims
(see paragraph 5.1.6 below).
FK (Somalia) [2004] UKIAT 00127. The Tribunal found that the Shekhal
Gandhershe is a sub clan within the Benadiri group and as such would
be unable to secure protection from human rights abuses from the armed
militia of other clans. There has been no particular change in
circumstances since the decision in Mohammed [2002] UKIAT 08403 that
would now make it safe for members of the Shekhal Gandhershe sub-clan
to return to Somalia.
MN (Somalia CG) [2004] UKIAT 00224. The Tribunal clarified that there
are three distinct groups using the name "Tunni". There are "Town
Tunnis" who live near Brava and who are perceived as Bravanese,
"country" Tunnis who live away from Brava and who are associated with
the Digil clan, and the "Tunni Torre" who are "a negroid group
federated to the Tunni of Brava as vassals". Because the Town Tunnis
are perceived as Bravanese they are treated as such. Therefore a
decision-maker assessing the risks faced by a Town Tunni should assess
them as if the claimant were Bravanese. This is a country guidance
case and on this point must be followed unless there is clear evidence
that Dr. Luling (who gave expert evidence on this issue) is wrong. The
Tribunal emphasised that not every Town Tunni or Bravanese necessarily
risks persecution in the event of return, however such a risk existed
in the case of MN. [Note: see also M (Somalia) at paragraph 3.6.5
above on "country" Tunnis associated with the Digil clan.
A (Somalia) [2004] UKIAT 00080. Benadiri from Somaliland. The Tribunal
found that, even if the claimant was a Benadiri, he was not at any
real risk of persecution if he was returned to the Somaliland part of
Somalia (which is where he had come from). The claimant had lived
there without encountering persecution, and had established a family
network there. The Tribunal recognised that the claimant was in an
unusual position as he would not be returning to the areas where
Benadiri usually live (i.e. between Mogadishu and Kismayo) but to
another part of the country, which was not an option open to most
people of his ethnicity.
3.8.8 Conclusion. The Benadiri (Rer Hamar) and Bravanese are
part of the underclass in Somali society and are subject to political
and economic exclusion due mainly to them being culturally and
ethnically unconnected to any major clan group. They are unable to
secure protection from any clan group and are therefore in a
vulnerable position wherever they reside. Individual applicants who
have demonstrated a reasonable likelihood that they are of Benadiri (Rer
Hamar) or Bravanese origins are likely to encounter ill treatment
amounting to persecution. The grant of asylum in such cases is
therefore likely to be appropriate.
3.9 Midgan, Tumal, Yibir or Galgala
3.9.1 Some applicants claim asylum based on ill treatment
amounting to persecution at the hands of major clan and sub-clan
militias or other clan-based controlling groups on account of their
lowly status as members of one of the occupational castes: the Midgan,
Tumal, Yibir or Galgala.
3.9.2 Treatment. The Gaboye/Midgan (usually referred to as the
Midgan but also known as the Madhiban), Tumal and Yibir (a group said
to have Jewish origins) traditionally lived in the areas of the four
main nomadic clan families of Darod, Isaaq, Dir and Hawiye in northern
and central Somalia. In the last few decades many of them migrated to
the cities, these groups are now scattered throughout the country but
are mainly found in northern and central regions; Midgan have been
able to settle in Puntland. Midgan can trade freely and their position
improved at times of stability and recovery, although they are usually
unable to own property and livestock. The Midgan, Tumal and Yibir and
Galgala have always been placed at the lower end of Somali society and
are subject to societal discrimination in urban centres from other
clan groups and harassment where no patron clan protection exists,
particularly in rural areas. [6.95 ? 6.97, Annex B - C]
3.9.3 Sufficiency of protection. These groups traditionally
settle in areas where they obtain protection from the dominant clan
and build up an economic activity. Most have assimilated into other
Somalia clans with whom they live. For example, the Galgala have
assimilated into the Abgal in Jowhar and Mogadishu. However, they
identify themselves as Nuh Mohamud, a sub clan of the Majerteen clan.
Some Gaboye, Tumal and Yibir assimilated into the Isaaq in Somaliland,
while others have assimilated into the Darod in Puntland and central
regions. There are also other Gaboye, Tumal and Yibir who assimilated
with Hawadle, Murasade and Marehan clans in Galgadud region. [6.96,
Annex C] Members of these groups are therefore able to seek and
receive adequate protection from their patron clans.
3.9.4 Internal relocation. Those assimilated into major clan
families, their clan groups and associated sub clans should be able to
safely reside in an area in which their patron clan is present. [6.76,
Annex B - C] Freedom of movement is restricted in some parts of the
country due sometimes to sporadic clan or sub-clan conflict,
especially in southern and central regions. More usually, checkpoints
manned by militiamen loyal to one clan or faction inhibit passage by
other groups [6.56], nevertheless internal relocation for members of
these occupational castes is generally possible. The possibility of
internal relocation to Somaliland or Puntland is restricted; in these
areas the authorities have made it clear that they would only admit to
the territory they control those who are of the same clan or who were
previously resident in that particular area. [6.67]
3.9.5 Caselaw.
IAT Determinations: YS and HA (Somalia) CG [2005] 00088
promulgated 22 April 2005. Midgan not generally at risk. The Tribunal
found that while being a woman or lone woman increases the level of
risk under the Refugee Convention or the ECHR...the question of real
risk comes down to whether a Midgan would be able to access protection
from a majority clan patron. There is nothing to show that such
protection would be denied to a female Midgan where it would be
afforded to a male Midgan.
3.9.6 Conclusion. Members of the Midgan, Tumal, Yibir or
Galgala groups are usually assimilated into major clan or sub-clan
groups where they reside. While they may from time to time encounter
discrimination and harassment from other clan groups due to their
lowly social status, they may avail themselves of the protection of
their patron clan or relocate to another region where their patron
clan is represented. It is unlikely that such a claimant would
encounter ill treatment amounting to persecution within the terms of
the 1951 Convention. The grant of asylum in such cases is therefore
not likely to be appropriate.
3.10 General country situation
3.10.1 Some applicants claim asylum based on ill treatment
amounting to persecution or inhuman or degrading treatment arising
from the insecure and fluid socio-political conditions in a country
without a functioning state or central government.
3.10.2 Treatment. Sporadic inter and intra-clan fighting and
serious human rights abuses continue to be reported in a number of
areas of southern and central Somalia. The rule of law guarantees of
personal security, and protection from human rights abuses vary from
location to location. Much of the countryside, particularly
Somaliland, Puntland and pockets of southern Somalia are considered
relatively stable while central regions immediately south of Puntland
have become increasingly susceptible to more prolonged instances of
fighting and violence. Mogadishu remains unpredictable and dangerous.
While fighting is generally between rival militia civilians are
invariably involved and civilian casualties are frequently reported.
Most commonly reported examples of war crimes include rape, looting
and destruction of property, illegal occupation and child soldiering.
[5.5 ? 5.30, 6.1 ? 6.3 & 6.133 ? 6.162]
3.10.3 Sufficiency of protection. In the absence of a central
Government, most Somalis ensure their personal safety by residing in
the 'home areas' of their clan, where they can see and receive
adequate protection from their kinship group. [6.76 & Annex B]
3.10.4 Internal relocation. Freedom of movement is hazardous in
some parts of the country due sometimes to sporadic clan or sub-clan
conflict, especially in southern and central regions. More usually,
checkpoints manned by militiamen loyal to one clan or faction inhibit
passage by other groups [6.56], nevertheless internal relocation for
major clan affiliates is generally possible. The possibility of
internal flight to Somaliland or Puntland is restricted; in these
areas the authorities have made it clear that they would only admit to
the territory they control those who are of the same clan or who were
previously resident in that particular area. [6.67]
3.10.5 Caselaw.
IAT Determinations: Adan (Somalia) [1998] IMMAR/338 General
civil war situation not sufficient grounds for granting asylum.
M (Somalia) [2003] UKIAT 00129. There was no evidence before the
Tribunal that there would be a real risk on return to Mogadishu for a
person who had previously experienced lawlessness there.
SH (Somalia) [2004] UKIAT 00272. A risk of being exposed to
lawlessness or the normal incidents of civil war or armed conflict
does not amount to persecution under the Refugee Convention or
treatment contrary to Article 3 ECHR, since a person affected by civil
war or armed conflict can only succeed in showing a real risk of such
treatment if he can show a risk personal to him.
HM (Somalia) [2005] UKIAT 00040 promulgated 26 January 2005. Somali
women ? Particular Social Group (PSG). The Tribunal found that women
in Somalia form a PSG not just because they are women but because they
are extensively discriminated against.
NM and Others (Somalia) CG [2005] UKIAT 00076 promulgated 14 February
2005. Lone women ? Ashraf. The Tribunal found that where the claimant,
male or female, from Southern Somalia, is not found to be a minority
clan member, there is a likely to be a location in southern Somalia in
which the majority clan is able to afford protection sufficiently for
neither Convention to apply. Although lone females will be at greater
risk than males, they will not be able to show that, simply as lone
females from the UK, they have no place of clan safety.... A majority
clan is characterised as one which has its own militia. The strongly
clan and family nature of Somali society makes it reasonably likely
that a militia escort could sufficiently protect a returnee from
Mogadishu through the road blocks and en route banditry to the clan
home area. Unwillingness on the part of the claimant to make such an
arrangement is irrelevant.... Being a single woman returnee is not of
itself a sufficient differentiator.
3.10.6 Conclusion. A collapsed state where law and order has
broken down, as has happened in Somalia, does not of itself give rise
to a well-founded fear of persecution for a Convention reason. A
claimant can only demonstrate a well-founded claim where they can
demonstrate they are at risk of adverse treatment on Convention
grounds over and above the risk to life and liberty, which occurs in
such a state. A general risk of violence will not in itself be
sufficient to bring most applicants within the Humanitarian Protection
or Discretionary Leave provisions; such conditions are not sufficient
so that removal would amount to a breach of the ECHR. Therefore
applicants who apply on the basis of inter-clan fighting or civil war
are unlikely to qualify for asylum or humanitarian protection.
3.11 Prison conditions
3.11.1 Applicants may claim that they cannot return to Somalia
due to the fact that there is a serious risk that they will be
imprisoned on return and that prison conditions in Somalia are so poor
as to amount to torture or inhuman treatment or punishment.
3.11.2 Consideration. Prisons within Somalia are run by a
combination of the de facto administrations of Puntland, Somaliland
and other regional administrations. Warlords also operate prisons in
areas under their control, particularly in southern and central
regions. Prison conditions vary from region to region but conditions
are generally harsh and life threatening. Overcrowding, poor sanitary
conditions, inadequate health care and the absence of educational and
vocational training characterise prisons throughout Somalia. Abuse of
prisoners by guards is reportedly common in many prisons. The
detainees' clans generally paid the costs of detention. In many areas,
prisoners were only able to receive food from family members or from
relief agencies. The practice of parents having their children
incarcerated when they wanted them disciplined continued during 2004;
these children were also reportedly held with adults. Members of
minority groups make up a disproportionately large percentage of the
prison population. [5.50 ? 5.54]
3.11.3 Conclusion. Prison conditions in Somalia are severe and
taking into account overcrowding, poor sanitary conditions, a lack of
access to adequate health care, an absence of education and vocational
training, widespread TB and abuse by guards, conditions in prisons and
detention facilities in Somalia are likely to reach the Article 3
threshold. Therefore a grant of HP will be appropriate where
individual claimants are able to demonstrate a real risk of
imprisonment on return to Somalia. Where the real risk of imprisonment
is related to one of the five Refugee Convention grounds a grant of
asylum will be appropriate.
4. Discretionary Leave
4.1 Where an application for asylum and Humanitarian Protection
falls to be refused there may be compelling reasons for granting
Discretionary Leave (DL) to the individual concerned. (See API on
Discretionary Leave)
4.2 With particular reference to Somalia the types of claim
which may raise the issue of whether or not it will be appropriate to
grant DL are likely to fall within the following categories. Each case
must be considered on its individual merits and membership of one of
these groups should not imply an automatic grant of DL. There may be
other specific circumstances not covered by the categories below which
warrant a grant of DL - see the API on Discretionary Leave.
4.3 Unaccompanied minors
4.3.1 The policy on unaccompanied minors is set out in the API
on Children. Unaccompanied minors who have not been granted asylum or
HP can only be returned where there are adequate reception
arrangements. At the moment we do not have sufficient information to
be satisfied that there are adequate reception arrangements in place
in Somalia.
4.3.2 Unaccompanied minors without a family to return to should
if they do not qualify for leave on any more favorable grounds be
granted Discretionary Leave for the period detailed in Asylum Policy
Instruction on or until their 18th birthday, whichever is the shorter
period.
4.4 Medical treatment
4.4.1 Applicants may claim they cannot return to Somalia due to
a lack of specific medical treatment. See the IDI on Medical
Treatment, which sets out in detail the requirements for Article 3
and/or Article 8 to be engaged.
4.4.2 According to Medecins Sans Frontiers (MSF) in January
2004, the overall level of healthcare and possibilities for treatment
in central and southern Somalia were very poor. MSF refers to a lack
of basic medical training amongst the personnel (doctors and
particularly nurses) operating at the limited number of hospitals and
clinics in the region. It was estimated that up to 90% of the doctors
and health staff in hospitals is insufficiently trained. For those
with sufficient funding to pay for treatment, primary healthcare was
available in all regions. MSF indicated that women and children had a
better chance of receiving treatment on the grounds that they are less
likely to be the target of militias. The actual situation does vary
within different parts of the country although the few health workers
who remain tend to be based in the more secure urban centres. [5.59 ?
5.62]
4.4.3 In Mogadishu there are two public hospitals with
facilities to perform certain surgical procedures. Public hospitals in
Galkayo (Mudug) and Kismayo (Lower Juba) serve enormous areas. These
hospitals were beset with insecurity, lack of funding, equipment,
qualified staff and drugs. The only other hospitals in
southern/central regions - in Belet Weyne (Hiran) and Baidoa (Bay and
Bakool) - have been closed for some years. Aid agencies have attempted
to fill the gap in areas where health services and structures have all
but collapsed. They struggle to provide health care in remote areas,
where reaching the patients is a major problem. The Somali private
health sector has grown considerably in the absence of an effective
public sector. Of the population who get any care at all, about two
thirds of them get it from the private health sector. [5.63 ? 5.64 &
5.66 ? 5.67]
4.4.4 Where a caseworker considers that the circumstances of
the individual applicant and the situation in the country reach the
threshold detailed in the IDI on Medical Treatment making removal
contrary to Article 3 (or Article 8) a grant of Discretionary Leave
will be appropriate. Such cases should always be referred to a Senior
Caseworker for consideration prior to a grant of Discretionary Leave.
5. Assessing the claim
5.1 Disputed nationality / ethnicity
5.1.1 There is evidence that other nationals have been posing
as Somali nationals. Such applicants may be ethnic Somalis from Kenya,
Ethiopia and Djibouti, or Swahili speakers from neighbouring states
such as Kenya and Tanzania, posing as members of Swahili-speaking
Somali minority groups. There are also indications that applicants
from Middle Eastern states, particularly Yemen, have also posed as
Somali nationals.
5.1.2 It should be noted that Kenya, Ethiopia and Djibouti all
have large ethnic Somali populations with close links to fellow clan
members in Somalia itself. As such it may be difficult to distinguish
between a Somali speaker from a neighbouring country and a Somali
speaker from Somalia. Caseworkers should be aware that ethnic Somalis
from neighbouring states could be familiar with Somali issues and may
well have travelled inside Somalia and have a good knowledge of the
country.
5.1.3 There is also evidence that Somali nationals who have
been living in Somalia sometimes claim to be a member of a
particularly vulnerable group in order to increase the likelihood of
being granted refugee status or humanitarian protection.
5.1.4 Consideration of individual asylum cases from Somali
nationals will always require caseworkers to make every effort to
ascertain and verify the clan or minority group (including any sub
clan) the applicant is affiliated to. Confirmation of the area of the
country in which the applicant resided and where different, the area
they originated from should also be sought. These issues are central
to any Somali claim and the caseworker must take all reasonable steps
to be satisfied regarding such information. Discrepancies in the
claimant's account should be put to the claimant in order to give the
claimant an opportunity to clarify or explain.
5.1.5 Further guidance on disputed nationality can be found in
the relevant section of the APIs and more detail on minority groups
may be found in the CIPU Somalia Country Report April 2005 and the
2000 Fact-Finding Mission Report on Minority Groups.
5.1.6 Caselaw.
IAT Determinations: AJH (Somalia) [2003] UKIAT 00094. This case
sets out the test (at paragraph 33 of the determination) for
caseworkers assessing the credibility of claims of Bajuni ethnicity
but can be applied to all minority group claims. Essentially, what is
required in cases involving Somali nationals of Bajuni clan identity
is an assessment examining at least 3 different factors:
 | knowledge of Kibajuni (or other relevant dialect if other than
Bajuni) |
| knowledge of Somali (varying depending on the applicant's
personal history) |
| knowledge of matters to do with life in Somalia for [Bajuni]
(geography, customs, operations) |
The assessment must not treat any one of these factors as decisive
- caseworkers should always have regard to whether the applicant's
personal history explains any discrepancy in the results.
With non-Bajuni minority group claims, caseworkers should substitute
the relevant dialect for Kibajuni.
KS (Somalia CG) [2004] UKIAT 00271. The Tribunal gave useful guidance
about claims based on clan membership/minority group. It found that
the background evidence did not support the argument that all members
of minority groups or clans are on that sole basis at risk of
persecution on return, but that it showed that members of certain
clans or groups such as the Bajuni are likely to be able to
demonstrate such a risk. A distinction needed to be maintained
between:
(i) Membership of a clan where the background evidence does not
support a conclusion that there is generally a risk of persecution
arising from membership of that clan even though on the particular
facts of the case an individual claimant may be able to establish a
claim on the basis of his own particular background and profile, and
(ii) Membership of a minority clan where membership generally does
give rise to real risk subject to the particular circumstances of the
claimant. In such a case, while each claim must be individually
considered, the claim will normally depend on whether in fact the
claimant is genuinely a member of that minority clan.
As to (i), clan membership will be a significant element in assessing
whether there is a risk on return but will not be determinative. In
many cases, the risks faced by those who have fled do not arise
because of clan membership.
As to (ii), clan membership will normally be determinative but may not
be in individual cases where there are features in the claimant?s
background and circumstances which indicate that the claimant is not
in fact at the same risk as that faced generally by other clan
members. As an example, where a female member of such a clan marries
into a majority clan, she may have protection from her husband's clan.
5.2 Language
5.2.1 Where an applicant has requested that their interview be
conducted in Swahili the Home Office interpreter must always be asked
to confirm the dialect of Swahili being used. Caseworkers and
Presenting Officers must also be satisfied that the interpreter is
authorised to use the specific dialect concerned. It would be
reasonable to expect a person claiming to be a Bajuni to request that
they be interviewed in Kibajuni. In such circumstances, a Kibajuni
(not simply a Swahili) interpreter should be arranged. Caseworkers
should be aware that applicants claiming to be Bajuni, Benadiri or
Bravanese, who claim that they cannot also speak some Somali may, in
fact, be from neighbouring Swahili-speaking states.
5.2.2 Caselaw.
IAT Determinations: KS (Somalia) [2004] UKIAT 00271. The
decision contains (at paras 40 to 44) guidance on assessing the
credibility of claims of Bajuni ethnicity, looking in particular at
the issue of the language(s) spoken by the claimant.
5.2.3 Further information on languages spoken by minority
groups may be found in Section 6.C and Annex C of the April 2005
Country Report and the 2000 Fact-Finding Mission Report on Minority
Groups.
5.3 Documentation
5.3.1 It must be noted that it is not possible under any
circumstances to verify the authenticity of claimed Somali documents
that may be submitted in support of applications or appeals. There is
no British diplomatic post in Somalia to refer such documents to
undertake verification enquiries, nor in the absence of any central
government are there any central authorities maintaining a national
record of the population or issuing passports or other identity
documents. Furthermore, many official records maintained under the
previous administration in Somalia were destroyed during the civil
war. Some local administrations such as Somaliland and the TNG
authorities issue documents (birth certificates, passports etc.) but
these are not issued under any internationally recognised authority
and are not verifiable.
5.3.2 A range of Somali documents, including passports, can be
easily obtained both in Somalia and in many other countries in the
region through unofficial channels; such documentation is often openly
on sale in markets. [6.71] Little weight can therefore be attached to
any claimed Somali document and they should not be accepted as sole
proof of identity or nationality.
5.3.3 With effect from 3 July 2003 Somali passports, whether
issued pre or post 1991, ceased to be accepted as valid national
passports for travel to the UK. Most other EU countries already do not
recognise Somali passports. Both 'Somaliland' and the then
'Transitional National Government' issue their own passports, however
these documents are also unacceptable for visa purposes as neither of
these administrations has been officially recognised by the UK. A visa
is needed for travel from Somalia to the UK.
5.4 Expert witnesses
5.4.1 There are a number of Somali experts who submit reports
in support of applications (most commonly at the appeal stage). There
is no specific criteria by which an individual may declare themselves
to be a Somali expert; whilst some experts clearly do have
considerable knowledge regarding many aspects of the country the
expertise of others relates to specific issues.
5.4.2 It is important to note that there are several instances
where experts themselves have contrasting views. The fact that an
expert report has been filed does not necessarily mean that its
contents contain the definitive view on the issues covered.
There have also been instances where a single expert report prepared
for one specific case is subsequently represented in respect of
numerous other cases. If an expert report is received and the
caseworker intends to refuse the claim, caseworkers should seek
guidance from CIPU on how to address this in the refusal letter or in
appeals.
5.4.3 Caselaw.
IAT Determinations: SAIDI [2001] UKIAT 00TH2757. On the issue
of expert witness credibility, the Adjudicator suggested that the
tests set out in the Ikarian Reefer be applied. They are:
1. Expert evidence presented to the court should be and should be seen
to be the independent product of an expert uninfluenced as to the
formal content by the exigencies of litigation.
2. An expert witness should provide independent assistance to the
court by way of objective unbiased opinion in relation to matters
within his expertise.
3. An expert witness in the High Court should never assume the role of
advocate.
4. An expert witness should state the facts or assumptions on which
his opinion is based. He should not omit to consider material facts
that detract from the concluded opinion.
5. An expert witness should make it clear when a particular question
or issue falls outside his expertise.
6. If an expert's opinion is not properly researched because it
considers that insufficient data is available then this must be stated
with an indication that the opinion is no more than a provisional one.
7. If after exchange of reports an expert witness changes his view on
a material matter ... such change of view should be communicated ...
to the other side without delay and when appropriate to the court.
8. Where expert evidence refers to photographs, plans, calculations,
survey reports or other similar documents, they must be provided to
the opposite party at the same time as the exchange of reports
H (Somalia) [2004] UKIAT 00047. UK Somali Benadir Community Council (SBCC)
has no official status in this country (Para 2). The SBCC issues
standard form letters only which "...renders such letters practically
valueless as confirmation of his or any other claimant's account."
(Para 8)
AB (Somalia) [2004] UKIAT 00125. Witness corroboration in asylum
appeals. The growing practice of appellants and/or their
representatives adducing letters granting refugee status to someone
who is (or is said to be) a relative or colleague. All too often it is
assumed such letters automatically prove that the person concerned was
granted refugee status on the basis he says he was. All too rarely are
such letters accompanied by documents confirming on what basis the
person concerned actually claimed asylum or, if an appeal was
involved, on what basis the Adjudicator allowed that person's appeal.
Since such additional documentation should often be still available to
the person concerned or to that person's solicitors, Adjudicators
should consider what weight they can attach to refugee grant letters
when they are not accompanied by confirmatory documents of this kind.
(Para 11)
AA Somalia [2004] UKIAT 00221. Expert evidence assessment. An
adjudicator should not accept without question the opinions expressed
by an individual merely because he claims to be an expert on a
particular subject. An individual purporting to give an expert opinion
must demonstrate that he is in reality an expert in relation to those
matters on which he is expressing his opinion, and that he has current
and reliable knowledge as to those matters. He must also identify the
sources of his information with sufficient particularity to enable
their weight to be assessed properly, and must give proper,
intelligible and adequate reasons for arriving at the conclusions
expressed by him.
6. Returns
6.1 Factors that affect the practicality of return such as the
difficulty or otherwise of obtaining a travel document should not be
taken into account when considering the merits of an asylum or human
rights claim. There is no policy precluding the return of failed
Somali asylum seekers to any region of Somalia. Those without any
legal basis of stay in the UK may also return voluntarily to any
region of Somalia. On 4 July 2003 Home Office officials signed a
Memorandum of Understanding (MoU) with the authorities in Somaliland
that provides for the return of those people from Somaliland who have
no legal basis to remain in the United Kingdom.
6.2 The UNHCR has recommended that governments refrain from all
forced returns. [6.132] The UNHCR's position paper of January 2004
provides a broad assessment of the situation in Somalia and we do not
dispute that it presents an accurate overview of the general
humanitarian situation and the serious social and security problems
inherent in a country without a central government. However, asylum
and human rights claims are not decided on the basis of the general
situation - they are based on the circumstances of the particular
individual and the risk to that individual. We do not therefore accept
UNHCR's conclusion, based on their overview of the general situation,
that it is unsafe for all persons who have been found not to be in
need of some form of international protection to return to Somalia.
6.3 Somali nationals may return voluntarily to any region of
Somalia at any time by way of the Voluntary Assisted Return and
Reintegration Programme run by the International Organisation for
Migration (IOM) and co-funded by the European Refugee Fund. IOM will
provide advice and help with obtaining travel documents and booking
flights, as well as organising reintegration assistance in Somalia.
The programme was established in 2001, and is open to those awaiting
an asylum decision or the outcome of an appeal, as well as failed
asylum seekers. Somali nationals wishing to avail themselves of this
opportunity for assisted return to Somalia should be put in contact
with the IOM offices in London on 020 7233 0001 or
www.iomlondon.org.
Asylum and Appeals Policy Directorate
June 2005
"Homeoffice"
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