UI2023004552

              Pursuant to section 12 (2) (b) (ii) of the Tribunals, Courts and Enforcement Act 2007, this is the remaking of the decision of Judge of the First-tier Tribunal Fisher promulgated on the 7 September 2023, following the decision dated 8 January 2024 of the Upper Tribunal panel setting aside the decision of the FtT in the light of both parties having agreed a material error of law in that decision relating to the issue of internal relocation.

              The FtTJ did make an anonymity order and no grounds were submitted during the hearing for such an order to be discharged. Anonymity is granted because the facts of the appeal involve a protection claim.

              Pursuant to rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008, the appellant is granted anonymity. No-one shall publish or reveal any information, including the name or address of the appellant, likely to lead members of the public to identify the appellant. Failure to comply with this order could amount to a contempt of court.

              The factual background can be summarised as follows. The appellant is a national of Somalia who arrived in the United Kingdom on 21 May 2021 and claimed asylum. In summary, he asserted that he had twice been approached by Al Shabab in his home area of Jilib but had refused their efforts to recruit him. He said that their interest in him did not subside, and he feared that he would be killed by them on return because he had refused to join.

              The respondent considered his application and, whilst the appellant's identity, membership of the minority Sheekhaal tribe and nationality were accepted, the respondent did not accept that he would be at risk on return to his home area or in the alternative he could relocate to Mogadishu. Consequently, his application was refused on 15 February 2023.