The guidance given in AJH (Somalia) CG [2003] UKIAT 94 (also reported as SA and Others (Minority group, Swahili speakers) [2003] UKIAT 94) is no longer to be followed. The following guidance is substituted.
(1) In assessing P’s claim to be a Somali national of Bajuni origin, the decision-maker must take a holistic approach, taking into account the extent of P’s knowledge of:
(a) matters to do with life in Somalia, particularly as relevant to Bajuni (geography, customs, occupations etc);
(b) Somali, the importance of which will vary dependent upon P’s personal history;
(c) Bajuni, the importance of which will vary dependent upon P’s personal characteristics and history (including age, family history, residence etc).
(2) Where P seeks to adduce expert evidence of knowledge of Bajuni, this should include a linguistic analysis of the individual’s speech, identifying clearly by reference to morphology, syntax, phonology and vocabulary those features which indicate that he or she is of Bajuni origin; or, that such features are not present. Such reports should also, where possible, indicate how P’s speech compares with known Bajunis of the same age range, bearing in mind that the speech of younger Bajuni is now considerably less different from other dialects or standard Swahili.
Citations:
[2022] UKUT 222 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 20 September 2022; Ref: scu.680539