In Mogadishu, clan membership provides access to housing, employment, security, and social networks. Those who have lost clan connections through long absence abroad, or who belong to minority clans without established networks in Mogadishu, face extreme difficulty on return: unable to find housing or employment, vulnerable to exploitation and violence, and potentially destitute.
MOJ established that this level of difficulty can reach the Article 3 threshold. The diaspora remittances test examines whether financial support from family abroad can substitute for direct clan presence, providing the means to survive in Mogadishu even without immediate clan networks. Expert witnesses assess whether claimed diaspora support is realistic given the appellant's specific circumstances.
Long-absence cases require careful analysis of whether clan connections have been maintained, whether the appellant's dialect and cultural knowledge remain consistent with claimed clan identity, and whether remittance networks are verifiable and sufficient for subsistence in Mogadishu's current economic conditions.
MOJ diaspora test
MOJ established that diaspora financial remittances can partially substitute for direct clan presence, but expert witnesses must assess whether claimed support is realistic given the appellant's circumstances, the reliability of remittance sources, and Mogadishu living costs in 2025-2026.
Related Case Types
Frequently Asked Questions
Why does lack of clan support matter for return?
In Mogadishu, clan membership provides access to housing, employment, security, and social networks. Without clan support, returnees face extreme difficulty: unable to find housing or employment, vulnerable to exploitation and violence, and potentially destitute. MOJ established that this level of difficulty can reach the Article 3 threshold.
Can diaspora remittances substitute for clan support?
MOJ recognised that diaspora financial support can partially substitute for direct clan presence, providing the financial means to survive in Mogadishu even without immediate clan networks. However, expert witnesses assess whether the claimed diaspora support is realistic given the appellant's specific circumstances.