Lord Roberts of Llandudno – 2014 Parliamentary Question to the Home Office

The below Parliamentary question was asked by Lord Roberts of Llandudno on 2014-06-10.

To ask Her Majesty’s Government whether they intend to continue enforced removals to Mogadishu, Somalia, pending the publication of an official decision on the country guidance case and an official statement by the Home Secretary; and, if so, why.

Lord Taylor of Holbeach

There are no existing court judgments that have found that all removals to Somalia are unsafe or should be suspended. An existing country guidance judgment promulgated in November 2011 recognised that many but not all Somalis returning to the country after a significant time abroad would be at risk on return. However, the determination also recognised that the country situation was improving and each case needed to be considered on its individual merits.

We are awaiting a country guidance determination on the country situation in Somalia. However, the High Court has previously ruled that automatic stays on removal simply because a country guidance case is pending are not necessary. A stay of removal is at the discretion of the courts in each particular case and on its own facts.

We will continue to assess each case on its individual merits against the latest country information and existing, relevant caselaw.

We will only enforce the return of Somali nationals who we, and the courts, are satisfied are not at risk on return and who do not elect to leave voluntarily.