RP000022015

The appellant is a national of Somalia. He entered the UK when he was around 15 and claimed asylum in December 2000. He was granted refugee status in May 2001 on the basis that he was a member of a minority clan. On 20 December 2012 he was convicted on two counts of possession of Class A drugs with intent to supply/supplying and was sentenced to 3 years 10 months imprisonment.

In March 2013 the appellant was issued with a notice of liability of intention to deport and on 6 December 2013 the respondent issued him with a section 72 notice under the Nationality, Immigration and Asylum Act 2002 giving him the opportunity to rebut the presumption that he had been convicted of a particularly serious crime and was a danger to society.

In submissions before me Ms Allen contended first of all that the FtT had not made a proper finding, as was required by s.72, on whether the appellant was a danger to the community, especially given that the appellant had made considerable efforts since his convictions to rehabilitate, which was supported by the documentation and reports placed before the FtT.

Ms Allen's submitted secondly that the FtT had not correctly applied the guidance given in MOJ & Others which stated that when considering return to Mogadishu regard should be had to the period of absence from Somalia and the presence or otherwise of family support. It required there to be a careful assessment of the evidence. The FtT had applied MOJ & Others in generic fashion without regard to the appellant's particular circumstances. The FtT had not addressed humanitarian protection.

Even if I am wrong about the s.72 issue, and even assuming it were considered the FtT had been wrong to conclude that the appellant fell within the terms of s.72, any such error could not be material in this case unless there was material error in the cessation decision to revoke refugee status or in the corresponding decision that the appellant was not entitled to humanitarian protection.