Somalia-Related Cases

1. ASJ (Somalia) v Secretary of State for the Home Department [2025] EWCA Civ 282
The UK Court of Appeal examined whether internal relocation within Somalia was a
viable option for the appellant, emphasizing the importance of accurate standards of
proof in asylum claims.
2. Refugee Appeal No. 76248 (New Zealand, 2008)
A Somali national was granted refugee status based on a well-founded fear of
persecution, highlighting the application of international refugee principles.
3. Matter of H-, 21 I&N Dec. 337 (BIA 1996)
The U.S. Board of Immigration Appeals addressed whether members of warring Somali
clans qualified for asylum, discussing the intersection of civil conflict and refugee status.

🇸🇴 Somalia-Related Case Law

1. ASJ (Somalia) v Secretary of State for the Home Department

The UK Court of Appeal examined whether internal relocation within Somalia was
reasonable for the appellant, emphasizing the importance of applying the correct standard
of proof in asylum cases.
2. OA (Somalia) Somalia CG [2022] UKUT 00033 (IAC)
This UK Upper Tribunal case addressed the risk of intense suffering upon return to
Somalia, highlighting the necessity of a causal link between removal decisions and
potential harm.
3. Matter of H-, 21 I&N Dec. 337 (BIA 1996)
The U.S. Board of Immigration Appeals discussed the eligibility for asylum of
individuals from Somalia involved in clan conflicts, questioning the applicability of the
Refugee Act of 1980 to such cases.
4. Salah Sheekh v. The Netherlands
The European Court of Human Rights ruled that expelling a Somali national to a region
 controlled by a rival clan violated Article 3 of the European Convention on Human
Rights, reinforcing the principle of non-refoulement.

Temporary Protected Status Designated Country: Somalia

The U.S. Department of Homeland Security extended Temporary Protected Status for Somalia,
acknowledging ongoing armed conflict and extraordinary conditions that prevent safe return.

Ugandan Jurisprudence

4. Abucar and 7 Others v Attorney General [2022] UGHCCD 49

This case dealt with the rights of refugees under Uganda's legal framework, reinforcing
protections afforded by the Refugees Act, 2006.
5. Musis and Another v Secretary of State for the Home Department (UK, 1992)
Ugandan nationals challenged deportation orders in the UK, bringing attention to the
treatment of asylum seekers and the importance of fair procedures.
6. Bahinduka v Rwemulikya and Another [2016] UGHCEP 26
While primarily an election petition, the case touched upon the rights of individuals in
refugee settlements, emphasizing the need for legal clarity in such contexts.

🇺🇬 Uganda Case Law

6. Abucar and 7 Others v Attorney General (Civil Suit No. 437 of 2019)
The High Court of Uganda addressed the rights of refugees under national law,
emphasizing the state's obligations to protect refugees' legal status and rights.
7. Kaggwa v Olal and Others (Civil Appeal No. 0010 of 2017)
This case involved the interpretation of refugee rights within Uganda's legal framework,
highlighting the balance between national security and refugee protections.
8. Uganda v Ijjo (Criminal Sessions Case No. 0076 of 2017)
The court considered the criminal liability of a refugee, discussing how refugee status
interacts with domestic criminal law.
 9. Bahinduka v Rwemulikya and Another (Election Petition No. 3 of 2006)
While primarily an election case, it touched upon the rights of refugees in participating in
civic processes, reflecting on their integration into Ugandan society.
10. Refugee Status Determination: A Study of the Process in Uganda
This study provides insights into the legal processes and challenges in determining
refugee status in Uganda, offering context to the practical application of laws.

Kenyan Jurisprudence

7. Refugee Consortium of Kenya & Another v Attorney General & 2 Others [2015]
eKLR
The High Court addressed the rights of refugees and asylum seekers, affirming the
applicability of international refugee law within Kenya's legal system.
8. Kituo Cha Sheria & 8 Others v Attorney General [2013] eKLR
This case challenged government directives affecting refugees, reinforcing the principle
of non-refoulement and the rights of asylum seekers.
9. Kenya National Commission on Human Rights & Another v Attorney General & 2
Others [2017] eKLR
The court examined the balance between national security and refugee rights,
emphasizing adherence to international obligations.
10. Criminal Revision E002 of 2022
The court clarified the application of the Refugee Act concerning the reporting
obligations of asylum seekers, highlighting procedural aspects of refugee protection.

🇰🇪 Kenya Case Law

11. Refugee Consortium of Kenya & another v Attorney General & 2 others (Petition
No. 382 of 2014)
 The High Court of Kenya affirmed that refugees are entitled to rights under international
conventions and the Kenyan Constitution, reinforcing the principle of non-refoulement.
12. Constitutional Petition 227 of 2016
This case emphasized that asylum seekers should be treated as potential refugees until
their status is determined, upholding their rights during the application process.
13. Kituo Cha Sheria & 8 others v Attorney General [2013] eKLR
The court ruled against the government's directive to relocate urban refugees to camps,
stating it violated constitutional rights and international obligations.
14. Lessons and Recommendations for Implementing Kenya's New Refugee Law
This report analyzes Kenya's Refugee Act of 2021, which enhances refugees' rights,
including freedom of movement and access to education and employment.
15. An Evaluation of Kenya's Parallel Legal Regime on Refugees
The article critiques the use of older laws alongside the Refugees Act, discussing the
implications for refugee protection and legal clarity.

International Jurisprudence

11. R (on the application of ST (Eritrea)) v Secretary of State for the Home Department
[2012] UKSC 12
The UK Supreme Court discussed the criteria for assessing asylum claims, particularly
the standard of proof required.
12. Canada (Attorney General) v Ward [1993] 2 SCR 689
The Supreme Court of Canada provided a comprehensive interpretation of the definition
of a refugee, influencing international refugee jurisprudence.
13. NS v Secretary of State for the Home Department (CJEU, 2011)
The Court of Justice of the European Union addressed the transfer of asylum seekers
under the Dublin Regulation, considering human rights implications.
14. Hirsi Jamaa and Others v Italy (ECHR, 2012)
The European Court of Human Rights held that Italy violated the rights of migrants by
 intercepting them at sea and returning them to Libya without assessing their need for
protection.
15. M.S.S. v Belgium and Greece (ECHR, 2011)
This case highlighted the deficiencies in asylum procedures and reception conditions,
emphasizing the responsibilities of states under the European Convention on Human
Rights.

Regional African Jurisprudence

16. African Commission on Human and Peoples' Rights v Kenya (Ogiek case, 2017)
While focusing on indigenous rights, the case underscored the importance of protecting
marginalized communities, relevant to refugee contexts.
17. Seyoum v Ethiopia (ACHPR, 2006)
The African Commission addressed the rights of individuals facing deportation,
reinforcing protections against arbitrary expulsion.
18. John D. Ouko v Kenya (ACHPR, 2000)
The Commission examined the rights of individuals in detention, relevant to the
treatment of asylum seekers and refugees.

Additional Relevant Cases

19. Minister for Immigration and Border Protection v SZSSJ [2016] HCA 29
(Australia)
The High Court of Australia considered procedural fairness in refugee status
determinations, emphasizing the need for impartial decision-making.
20. Attorney General v Dow [1992] BLR 1 (Botswana)
The Court of Appeal of Botswana addressed the rights of non-citizens, contributing to the
discourse on the treatment of refugees and asylum seekers.
International Case Law

16. Ioane Teitiota v. New Zealand

The UN Human Rights Committee recognized that climate change-induced conditions
could trigger non-refoulement obligations, marking a significant development in refugee
law.
17. Cyprus breached right of 2 Syrian cousins to seek asylum, European court says
The European Court of Human Rights found that Cyprus violated the rights of asylum
seekers by returning them without processing their claims, reinforcing procedural
safeguards.
18. Cyprus sentences Syrian man for bringing migrants aboard an overloaded boat
This case highlights the criminalization of migrant smuggling and the complexities of
distinguishing between traffickers and asylum seekers.
19. Palestinian not at serious risk of harm if deported to Lebanon camp
The European Court of Human Rights ruled that deporting a Palestinian to a Lebanese
camp did not violate Article 3, illustrating the high threshold for proving risk of harm.
20. UNHCR Compilation of Case Law on Refugee Protection in International Law
This compilation provides a comprehensive overview