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1. publications.parliament.uk › jd001219 › adan-2House of Lords - Regina v. Secretary of State For The Home ...

   publications.parliament.uk › jd001219 › adan-2

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   Accordingly the Secretary of State accepts that there is a real risk that if Ms. Adan were sent to Germany the German authorities (including the German court), applying the accountability theory, would reject her claim for asylum and send her back to Somalia.

2. publications.parliament.uk › jd001219 › adan-1House of Lords - Regina v. Secretary of State For The Home ...

   publications.parliament.uk › jd001219 › adan-1

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   Dec 19, 2000 · It is common ground that if each of the appellants were sent back to the countries from which immediately they came to the United Kingdom, Germany would probably send back Adan to Somalia and France would probably send back Aitseguer to Algeria.

3. publications.parliament.uk › jd001219 › adan-3House of Lords - Regina v. Secretary of State For The Home ...

   publications.parliament.uk › jd001219 › adan-3

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   Under the law of the United Kingdom, as decided by this House in Adan v. The Secretary of State for the Home Department, an asylum-seeker is entitled to the protection to Article 33 notwithstanding that the state in whose territory he fears persecution is not complicit in that persecution.

4. www.statewatch.org › statewatch-database › uk-keyStatewatch

   www.statewatch.org › statewatch-database › uk-key

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   Sep 1, 1999 · Ms Adan, from Somalia, had her claim for asylum rejected in Germany and subsequently came to the United Kingdom. She was seeking asylum from an armed group who were persecuting her clan. Mr Subaskaran fled via Germany from Sri Lanka, fearing persecution at the hands of the Tamil Tigers.

5. www.asylumlawdatabase.eu › sites › defaultSecretary of State For The Home Department, Ex Parte Adan R v

   www.asylumlawdatabase.eu › sites › default

   It is common ground that if each of the appellants were sent back to the countries from which immediately they came to the United Kingdom, Germany would probably send back Adan to Somalia and France would probably send back Aitseguer to Algeria.

6. www.refworld.org › cases,GBR_HL,3ae6b6c914R v. Secretary of State for the Home Department, Ex parte Adan

   www.refworld.org › cases,GBR_HL,3ae6b6c914

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   Apr 2, 1998 · If Mr Adan were to return to Somalia he would be in danger of his life owing to his membership of one of the warring clans. Mr Blake argues that this amounts to persecution for a Convention reason, of which he has a current well-founded fear.

7. People also ask

   Why did Adan leave Germany?

   • On the same day the Secretary of State refused her asylum claim without consideration of its merits and certified under section 2 of the 1996 Act that Adan could be returned to Germany. On 29 April 1998 a judge granted leave to Adan to move for judicial review of the Secretary of State's certificate.

   House of Lords - Regina v. Secretary of State For The Home Department

   publications.parliament.uk/pa/ld200001/ldjudgmt/jd001219/adan-1.htm

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   What if Adan and Aitseguer were returned to Germany and France?

   • The Secretary of State accepts that if Adan and Aitseguer were to be returned to Germany and France respectively, the restrictive view of article 1A (2) encapsulated in the accountability theory, which prevails in Germany and France, will probably cause them to be returned to Somalia and Algeria where they may face torture and death.

   House of Lords - Regina v. Secretary of State For The Home Department

   publications.parliament.uk/pa/ld200001/ldjudgmt/jd001219/adan-1.htm

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   Why did Mr Adan leave Somalia?

   • Mr Blake's case is that Mr Adan falls within category (1). He left Somalia because of a well-founded fear of persecution. He is outside Somalia now because of that well-founded fear in the past, and he has been unable to avail himself of the protection of his country at any time since he left.

   R v. Secretary of State for the Home Department, Ex parte Adan

   www.refworld.org/cases,GBR_HL,3ae6b6c914.html

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   Is Mr Adan a refugee?

   • Accordingly she held that Mr Adan was entitled to refugee status. The Immigration Appeal Tribunal (IAT) disagreed. There could be no doubt as to the existence of a state of civil war in northern Somalia. But that would not, in the IAT's view, be enough by itself to give Mr Adan a well-founded fear of persecution.

   R v. Secretary of State for the Home Department, Ex parte Adan

   www.refworld.org/cases,GBR_HL,3ae6b6c914.html

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   What happened to Mr Adan?

   • On 15 October 1990 he arrived in the UK with his wife and two children. He was refused asylum on arrival, but he and his family were granted exceptional leave to remain. There is no question of Mr Adan being returned to Somalia as things stand.

   R v. Secretary of State for the Home Department, Ex parte Adan

   www.refworld.org/cases,GBR_HL,3ae6b6c914.html

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   Does Adan qualify for refugee status if he's a warring clan?

   • Mr Adan's own evidence was that most of the population is armed. Mr Blake is nearer the mark when he refers to the targeting of civilians or groups of civilians. If an asylum-seeker can show that he is being targeted for Convention reasons, other than his membership of one of the warring clans, then he might qualify for refugee status.

   R v. Secretary of State for the Home Department, Ex parte Adan

   www.refworld.org/cases,GBR_HL,3ae6b6c914.html

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8. www.researchgate.net › publication › 30961047(PDF) 'International Meaning': Comity in Fundamental Rights ...

   www.researchgate.net › publication › 30961047

   So in British law, the government could not send Ms.Adan back to Germany: Germany would send her back to Somalia otherwise than in accordance with the Geneva Convention.