Is a failed asylum seeker returned to their place of origin or just the nation of origin? There are other places in Somalia they could be deposited at.
At some point the issue of human rights must cease to be so nebulous as these cases. Mogadishu isn't the only place in Somalia. Does the ruling authorities in Somlia have any kind of warrant for these people and a wish to mistreat them? If not then send them back. The claims of persecution have been determined to be unfounded so send them back. There is no guarantee they will be mistreated by anyone but the court seems to expect there must be a guarantee of no mistreatment before deportation.
Like the prisoner voting case this looks to me like another instance of an incompetent defence put forward by HMG. They rested their case on the Somalis being bad 'uns when it should surely have been there is no proven threat to the pair - as the evidence cited by the court itself details - parts of Somalia are much lower threat than the worst parts of Mogadishu. Article 3 is "No one shall be subjected to torture or to inhuman or degrading treatment or punishment." It is not at all certain that being returned to Somalia is or would result in any of those.
From the Independent article:
The judges concluded that the general level of violence in Mogadishu "was of sufficient intensity to pose a real risk of treatment in breach of Article 3 to anyone in the capital".
But Article 3 doesn't confer a duty on Britain to pre-empt a potential
breach in a foreign country.