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UK uses cookies to make the site simpler. Find out more about cookies. The Appellant is a citizen of Somalia born in He appeals against the decision of First-tier Tribunal Judge Trevaskis dismissing his appeal against deportation on the grounds that there would no breach of the Refugee Convention or the Human Rights Convention.
There is a debate to be heard over whether the conclusion that the appellant could work and support himself in Mogadishu is based upon adequate reasons. If that conclusion is not sustainable for the reasons given by the judge, the case appears to be one the Upper Tribunal is likely to be able to deal with in one hearing by substituting its own decision following submissions.
The First-tier Tribunal Judge made the following findings at paragraph 60 ix : a The circumstances of the appellant in Mogadishu before departure were that he was able to access support and to finance his escape. This is because the appellant has not only shown his ability to find work and support himself in Mogadishu, but also has adapted to life in the United Kingdom, albeit resorting to criminal conduct.
Mr Khan submitted that there was no evidential basis for this conclusion. He submitted that the Appellant had said in evidence that he had never worked in Mogadishu except for some occasional jobs.
Mr Khan submitted that the Appellant had no work experience in the UK. He had only worked for two years for Tesco and I was referred to his evidence at paragraph 22 of the decision. From to the Appellant was not working and was homeless and he thereafter started committing crimes.