RP001212018

This is the re-making of an appeal against a decision of the respondent against a decision to deport him as a foreign national offender and upon refusal of his protection and human rights claim on 8 October 2018. His appeal against the decision was allowed by the First-tier Tribunal in a decision promulgated on 8 February 2019. For the reasons set out in my decision promulgated on 11 September 2019, that decision was set aside. A copy of that decision is set out in the annex.

The appellant arrived in the United Kingdom on 3 June 2001 and claimed asylum. That claim was refused and on an appeal he was found not to be credible. Following a further appeal in 2003, he was found to be a Somali national and from the Bajuni tribe. That is not in dispute. As the First-tier Tribunal noted at [3], the other parts of his claim, that his father and sister had been killed, and he had been in Kenya for only a few months after leaving Kismayo, were "quite unreliable".

At the hearing on 2 December 2019 I heard evidence from the appellant. He adopted his witness statement adding that his family and friends had no money and were not able to support/assist him on return to Somalia. He said he did not know anybody in Somalia.

The appellant said that he spoke Arabic, Swahili and understood some Somali by which he meant a few words like mother and father. He said that he had gone to college in the United Kingdom, had had a cleaning job and had no savings, having been in prison for five years. Asked if he took full responsibility for his crime he said that he accepted what he did.

In cross-examination the appellant said that he came to the United Kingdom on his own. He said that he was from Ras Kamboli, which is an island in Somalia. He said that he had worked for about six years in the United Kingdom.