UI2024001917

The appellant, a male citizen of Somalia, appeals against a decision of the First-tier Tribunal dated 2 March 2024 dismissing his appeal against a decision of the Secretary of State to refuse him international protection dated 3 March 2022. The appellant now appeals to the Upper Tribunal.

The judge did not believe the appellant's account of past events in Somalia and found that the appellant would not be at risk from Al-Shabaab and members of majority clans. He could, in any event, safely relocate to Mogadishu and would enjoy the help of family members living in Somalia.

The appellant claims that the judge wrongly considered that the credibility of the appellant's account of past events in Somalia was determinative of the issue of risk on return. At [7], the grounds state:

The Judge erred in failing to consider whether as a member of the Bajuni minority, the Appellant was exposed to a risk of persecution because of the severe and repetitive acts of discrimination/violence perpetrated against Bajuni people in Somalia. It was further in error for the Judge not to assess the risk of indiscriminate violence in Chula (Humanitarian Protection, Article 15(c) and Article 3 ECHR). [35],[36], [45], [48] and [49].

For all these reasons I find that the Appellant's account is not credible. Having rejected the Appellant's account, I do not accept that he has a subjective fear of persecution or serious harm and so dismiss his appeal on asylum and humanitarian protection grounds.