RP001462016

The appellant is a citizen of Somalia born on 1 June 1990. He arrived in the UK on 5 February 2010 in order to join his mother who had been granted refugee status. Ultimately, he was granted indefinite leave to remain on 31 December 2012.

In consequence of his criminal convictions, a decision was made on 22 October 2015 to make a deportation order against him. Subsequently, on 9 May 2016, a decision was made to revoke his refugee status pursuant to Article 1C(5) of the Refugee Convention (reasons for refugee status ceasing to exist).

The appellant's appeal against those decisions came before First-tier Tribunal Judge L. Murray ("the FtJ") on 1 February 2017. She concluded that the respondent had discharged the burden of proof in relation to Article 1C(5) and that the appellant was not otherwise at risk of persecution on Refugee Convention grounds. She also dismissed the appeal on humanitarian protection grounds and with reference to Articles 3 and 8 of the ECHR.

The appellant appealed against the decision of the First-tier Tribunal ("FtT") on five grounds, but permission was only granted in respect of ground 3. However, for context I summarise all of the grounds.

It is argued in ground 1 that the FTJ was wrong to consider the appellant's membership of the Reer Hamar clan and his vulnerability due to his mental illness together, in the assessment of whether he would be persecuted on return and whether the respondent had discharged the burden of proof in relation to cessation of refugee status. Within that ground is a complaint about the FTJ's conclusions in terms of the availability of treatment in Somalia for the appellant's mental health.