What MOJ Established
MOJ and Others (Return to Mogadishu) Somalia CG [2014] UKUT 004442 (IAC) remains the leading country guidance case for Somalia asylum appeals in the UK. The Upper Tribunal held that generally there is no Article 3 risk for ordinary civilians returning to Mogadishu with no particular profile, but that clan support or diaspora remittances are essential for viable return.
The MOJ framework requires tribunals to assess: the appellant's clan background and connections in Mogadishu; economic means including diaspora financial support; personal profile (government officials, journalists, Al-Shabaab opponents); and current security conditions. Without clan support or remittances, return may breach Article 3 through destitution.
OA and Others [2022] Updates
OA and Others (Somalia) CG [2022] UKUT 00033 updated country guidance on return to Somalia, refining the application of MOJ to specific profiles and addressing changed conditions since 2014. Solicitors should cite both MOJ and OA in current appeals, with expert evidence addressing how 2025-2026 developments further affect the framework.
2025-2026 Security Updates
Al-Shabaab's renewed offensive through late 2025 into early 2026 has retaken territory previously considered liberated, making internal relocation to government-controlled areas in the south less viable. ATMIS withdrawal creates additional uncertainty about security capacity. The July 2025 CPINs confirm the state is willing but unable to protect from Al-Shabaab.
EUAA Country Guidance Somalia, updated October 2025, revised the actors of protection chapter. Expert witnesses must incorporate these developments into MOJ framework analysis for current appeals.
Frequently Asked Questions
When does MOJ apply to a Somali claim?
MOJ applies to claims involving return to Mogadishu where the issue is individual risk rather than generalised indiscriminate violence. It does not apply to Article 15(c) claims from south/central Somalia outside Mogadishu, or to Somaliland-specific analysis.