RP001622017

This is an appeal brought with permission granted by Designated Judge Shaerf on 18 June 2018 to challenge the decision of Designated Judge McClure, who following a hearing in Manchester on 16 May 2018, at which the appellant did not appear and was not represented, dismissed the appellant's appeal on human rights grounds. The judge concluded that the appellant's rights under Articles 2 and 3 of the ECHR would not be breached by returning the appellant to Somaliland.

The appellant has a substantive and significant history of offending. We see that referred to at paragraph 30 of the judge's determination where he records, amongst other matters, on 17 December 1998 a conviction for assault with intent to commit buggery for which the appellant received 30 months' imprisonment and then on 19 July 2017 26 weeks' imprisonment for sexual assault on a male child under 13. There were less serious offences of being drunk and disorderly and other similar matters recorded in the year 2018.

The judge in a careful determination concluded that the appellant would not be at risk of inhuman or degrading treatment or punishment or death if he were to be returned to Somaliland. So far as Article 8 was concerned, having regard to the serious offences for which the appellant had been convicted and looking at matters overall, the judge was in no doubt that it would not be a disproportionate interference with the appellant's Article 8 rights to remove him from the United Kingdom.

Today, there has been no appearance by or on behalf of the appellant. I am satisfied from the Tribunal file that the appellant was properly notified of the date and time of today's hearing at his last recorded address.

Mr McVeety who appears on behalf of the respondent tells me that Home Office records indicate that the appellant is now regarded by them as an absconder. He has failed recently to meet his reporting obligations.