United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments

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IN THE UPPER TRIBUNAL IMMIGRATION AND ASYLUM CHAMBER	Case No: UI-2023-004096
	First-tier Tribunal No: PA/54266/2022

 

THE IMMIGRATION ACTS

Decision & Reasons Issued:

 

On 26 ^th of March 2025

 

Before

 

UPPER TRIBUNAL JUDGE H ANSON

 

Between

 

EI

(ANONYMITY ORDER MADE)

Appellant

and

 

SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

Representation :

For the Appellant: Ms Cleghorn, instructed by Latif Solicitors.

For the Respondent: Ms Young, a Senior Home Office Presenting Officer.

 

Heard at Phoenix House (Bradford) on 31 January 2025

 

Order Regarding Anonymity

 

Pursuant to rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008, the appellant is granted anonymity.

 

No-one shall publish or reveal any information, including the name or address of the appellant, likely to lead members of the public to identify the appellant. Failure to comply with this order could amount to a contempt of court .

DECISION AND REASONS

 

1.        This appeal comes back before the Upper Tribunal to enable it to substitute a decision to either allow or dismiss the appeal.

2.        The Appellant is a female citizen of Albania born on 7 April 1988 who claimed asylum in the United Kingdom with her two children, II born on the 22 December 2006 and BI, born on the 4 October 2008, as dependents. She claims that if returned to Albania she will be killed by her husband who domestically abused her in the past. She claims her husband has contacted her daughter by telephone in the UK and threatened the Appellant, that her daughter is suffering mental health issues and has attempted suicide as a result, and that the Appellant herself is suffering mental health issues and depression.

3.        The Appellant's immigration history show she left Albania in March 2019, travelling by bus to Greece from where she flew to Italy. She then flew from Italy to Amsterdam and from there to the United Kingdom, arriving on 6 April 2019.

4.        The Appellant claimed asylum on arrival which was refused with no right of appeal on 23 January 2020 and her claim certified pursuant to section 94 Nationality, Immigration and Asylum Act 2002, but she was not removed. Further submissions lodged on 2 March 2020 were refused on 28 August 2020 although, again, the Appellant was not removed from the UK. Further submissions made on 20 May 2022 were refused and it is the appeal against that refusal which is under consideration.

5.        The Appellant claims to be entitled to the protection of the Refugee Convention as a result of being a member of a Particular Social Group (PSG), as a female victim of domestic violence in Albania.

6.        The Appellant's original claim for international protection was based on a real risk as a result of an alleged blood feud which was dismissed by an earlier Tribunal, and why there is reference in the refusal letter to it not being accepted the Appellant was at risk as a result of a blood feud, although it was also stated it was not accepted she is at risk as a result of domestic violence from her husband, as the Secretary of State stated she had not demonstrated that risk existed, and that there was a sufficiency of protection available as well as an internal flight option in Albania in any event.

7.        The Refusal Letter relied on two documents being (i) the Country Policy and Information Note Albania: Domestic abuse and violence against women, dated December 2018 ('the 2018 CPIN') which it was said showed that women at risk of domestic abuse in Albania are not considered to form a PSG within the meaning of the 1951 Refugee Convention, and (ii) the country guidance case of DM (sufficiency of protection - PSG - Domestic Violence (Albania) CG [2004] UKIAT 00059, in addition to an internal flight option.

8.        The most up-to-date version of the CPIN applicable to this hearing is version 4.0 dated December 2022 ('the CPIN'), which updated the 2018 version referred to in the Secretary of State's refusal letter.

9.        I have also had the benefit of considering a substantial bundle of documentary evidence that has been provided and hearing the Appellant give evidence by way of cross-examination and re-examination, followed by the advocates submissions.

Discussion and analysis

Country guidance caselaw

 

10.    There are currently nine country guidance cases relating to Albania including DM. Whilst that decision was handed down in 2004 it is not the oldest case that being IM (risk - objective evidence - homosexuals) Albania CG [2003] UKAIT 00067. There is also a further case promulgated in 2004 VD (trafficking) Albania CG [2004] UKIAT 00059, the remainder being dated 2009, 2010 and 2019.

11.    It is also the case that if one looks at the published list of Upper Tribunal country guidance determinations there are many relating to other countries of a similar age to DM or even older.

12.    Country guidance cases are asylum appeals chosen by the Upper Tribunal to give legal guidance for a particular country, or a particular group of people in a particular country. The decisions in these cases are assumed to be based on the best possible evidence about that country at that time. Until there are significant changes in that country, a country guidance decision sets out the law for other asylum-seekers from that country and must be followed.

13.    The Appellant's case is that no weight should be placed upon DM in support for the Secretary of State's proposition that there is a sufficiency of protection available to a victim of domestic violence in Albania. Ms Cleghorn directed me to a document in the Appellant's supplementary bundle entitled "Victims of domestic violence in Albania: sufficiency of protection and internal relocation" 9 February 2021 written by David Neale, who is described as a former barrister (2014 - 2017) and now Legal Researcher at Garden Court Chambers since January 2018.

14.    The purpose of that paper is stated to argue that in many cases asylum seekers from Albania who are victims of domestic violence will not be able to avail themselves of a sufficiency of protection or an internal relocation alternative on return. It is stated that will be the case in particular for victims of domestic violence who are from poor families, who lack a social support network and/or who have physical or mental disabilities. The paper argues that the Home Office CPIN that was published at that time was wrong where it suggested that such claims can be properly certified as "clearly unfounded" under section 94 of the Nationality, Immigration and Asylum Act 2002.

15.    In relation to DM Mr Neale writes:

 

7. The elderly country guidance case of DM (Sufficiency of Protection, PSG, Women, Domestic Violence) Albania CG [2024] UKIAT 00059 is often cited, including in the CPIN, for the proposition that there is a general sufficiency of protection against domestic violence in Albania.

 

8. This, however, exaggerates the effect of the case. DM is a short determination by the standards of modern country guidance cases. No expert evidence was heard, and the only country evidence appears to have been a Home Office CIPU notice.

 

9. DM is also distinguishable on its facts from most cases of domestic violence. The appellant in DM was facing harassment and threats from her ex-boyfriend. In cultural terms, that scenario is wholly distinguishable from a scenario where a person faces violence from a husband or father. Albania has a traditional patriarchal culture based on notions of family honour, is clearly set out in Dr Schwandner-Sievers' evidence in AM and BM (Trafficked women) Albania CG [2010] UKUT 80 (IAC) at [59] - [60].

 

10. In AM and BM, one of the issues considered by the Tribunal was a risk to victims of trafficking at the hands of their own families. It was accepted at [171] that " the family of the victim of trafficking may take action against the victim which amounts to persecution, a factor which might well mean that she would not be able to return to her home area". Critically, it was accepted at [182] that " if a victim is at real risk of persecution from her family or her "husband" then there is little evidence that the State would intervene, particularly in the north of the country." Although this finding relates to trafficking victims, it is plainly relevant to any person who faces action amounting to persecution at the hands of their own family in their home area, even if they have not been trafficked in the past. In short, AM and BM recognises the possibility that there may be violence within the home against which the State would not provide protection, due to cultural factors. Of the evidence and occurred in DM.

 

11. Although AM and BM refers to a lack of protection " particularly in the north of the country ", the finding should not be regarded as limited to the North. As the Tribunal recognised in the later country guidance case of TD and AD (trafficked women) CG [2016] UKUT 92 (IAC) at [111], internal migration from north to south has had the effect of " transporting Conservative Geg social malls to the more liberal South".

 

12. DM cannot their full be taken to exclude the possibility that a victim would not be sufficiently protected against violence from their own family (as opposed to a person external to the family, such as the ex-boyfriend in DM ). Such cases are distinguishable from DM on their facts. And even if they were not, the unequivocal finding in AM and BM - which is more recent than DM and was reached after a far fuller consideration of the evidence - constitutes the "very strong grounds supported by cogent evidence" required for departing from DM .

 

13. However, it is also necessary to carry out a detailed examination of the evidence - including the evidence contained in the Home Offices Country Policy Information note (CPIN) - to ascertain what mechanisms of protection, in reality, are now available to victims of domestic violence.

 

16.    A number of points arise from the above. The first is that David Neale is not an independent country expert. Although he has experience of representing clients in immigration and asylum cases, and undertakes academic research, Garden Court Chambers themselves state that they are the number one ranked barrister's chambers committed to fighting injustice, defending human rights and upholding the rule of law, indicating that they fight very hard for their clients in opposing the Secretary of State, as indeed is the case when their barrister appear before the Tribunal's.

17.    I also find that nothing can be made from the first sentence of [7] that DM is an elderly country guidance case, if this is suggesting less weight should be placed upon it as a result, as nothing turns on this, per se, as noted above.

18.    I also find the fact DM may be a short determination by the standards of modern country guidance cases does not mean that little or no weight should be placed upon it. This is a decision made in line with the procedure applicable on the day. There will have been an opportunity for the parties to adduce the evidence on which they were seeking to rely which would have been considered by the panel in DM, who clearly felt they had enough evidence available to produce a country guidance determination, which must have been approved for publication as such within the Tribunal.

19.    The submission that DM is distinguishable on its facts applies to any case. If a tribunal is considering a case dealing with a set of facts that materially differs from those in an authority to which it has been referred, that tribunal can decide to place little or no weight upon the authority in question. That is a generally accepted proposition and does not form any basis for undermining DM as a published country guidance case. The submission that DM is distinguishable from most cases of domestic violence is too generalised a statement. Whether it can be distinguished is a fact specific question in an individual case.

20.    The core of the document from [9] appears to be an argument that notwithstanding that DM is a published country guidance case, a tribunal considering an issue of domestic violence to a married Albanian woman should pay greater attention to later promulgated country guidance cases dealing with completely different issues, namely the position of trafficked women from Albania. Submissions based on cases considering different issues, and trying to read across findings made in connection with those issues to undermine a country guidance case which dealt with a different topic is not acceptable, without more.

21.    It is also a relevant point that despite there being the later cases neither the Country Guidance Committee, nor the panels hearing the country guidance cases, found it necessary to direct it DM should no longer be followed. If one looks at modern country guidance cases they often set out previous decisions which are no longer to be followed in light of more up-to-date evidence. At no point in any of the more up-to-date country guidance cases has the Upper Tribunal seen fit to find that DM should no longer be followed. The reason for this may be that the issues in the other cases were not the same as those considered in DM.

22.    It is also important to note the date of David Neale's document, namely 9 February 2021, whereas I have to consider the evidence available at the date of the hearing.

23.    The keywords in DM read "Sufficiency of protection, PSG, Women, Domestic violence" indicating the specific issues which the tribunal was considering in that determination, which are relevant to the current appeal.

24.    The Tribunal website in relation to this case notes the hearing occurred on 15 March 2004, the decision was promulgated on 1 April 2004 but published on 14 February 2005, and last updated on 26 November 2013. The panel who made the decision was composed of Mr J Barnes and Mrs CJ Lloyd, two experienced judges.

25.    The determination does not follow the format of a modern country guidance decision as it is noted in the determination that the decision of the tribunal was actually given orally in court on 1 April 2004.

26.    It is also clear from a reading of the determination that DM had submitted a full statement in support of her asylum application and in support of the claim that she was entitled to be recognised as a refugee as a member of a PSG, and that returning her to Albania will be in breach of her protected human rights under Article 3 of the ECHR, based upon a fear of further harm from her boyfriend.

27.    The Panel at [8] clearly state that the position was to be considered against the factual background which is a reference to all the information and evidence that will have been provided by the parties. They also note at [10] reference to the US State Department and CIPU reports confirming violence against women remains a serious problem but find the Adjudicator whose appeal was being heard gravely misunderstood the effect of Shah & Islam [1999] 2 AC 629. In that case the House of Lords held that women facing systematic government - sanctioned discrimination because of their sex constituted a 'social group' for the purposes of the 1951 UN Refugee Convention and 1967 Protocol, and that if, as a result of membership of such social group, they faced a well-founded fear of persecution if returned home, they qualify for refugee status.

28.    The Panel in DM found the Adjudicator's approach "rather generalised" which did not suggest any active undermining of the position of women in Albania by the provisions of the law. The Panel found they did not consider that the Adjudicator's finding that the appellant in that case forms part of a PSG for refugee protection purposes in Albania was therefore sustainable.

29.    The Panel went on to consider the merits of the claim for themselves and, contrary to the assertion in David Neale's document, record at [15] having been referred to an October 2003 Albania Country Report produced by the Country Information and Policy Unit which they find to be a fully source report. It is also the case that DM's advocate did not seek to make submissions that the report was not to be relied upon. That earlier report referred to police officers having been trained since September 2000 on issues of gender and having been provided with guidance under international conventions and domestic law on the treatment of women who are victims of domestic violence and trafficking.

30.    The Panel also referred to specific paragraphs of the CIPU in force at the date of the hearing to which they refer at [16 - 17] of the determination.

31.    The key findings of the Panel are set out at [18 - 19] in the following terms:

 

18. As we are dealing with actions by an individual who cannot be regarded as an agent of the state for these purposes, it is important to consider whether the state offers a sufficiency of protection against this sort of conduct. It seems to us clear in principle from the matters which we have noted above that the state does so. We are also mindful of the decision of the European court in Osman v United Kingdom [2000] 29 EHRR 245. There the Osman family brought a complaint against the United Kingdom because of the failure, as they said, of the police to provide adequate protection for them in the particular circumstances where there was a known threat by somebody who was regarded as being at least unstable and which in fact led to the killing of Mr Osman Senior and of the son of the headmaster at the school at which both Mr Osman Junior and the assailant had been respectively pupil and teacher. There was clear evidence of continuing requirements for the police to take some sort of action of a pre-emptive nature but it was held that even in connection with Article 2 rights safeguarding life one had to bear in mind the difficulties involved in policing modern society, the unpredictability of human conduct, and the operational choices which had to be made in terms of priorities and resources, so that such an obligation to provide protection had to be interpreted in a way which did not impose an impossible or disproportionate burden on the authorities. That seems to us to be very much the response of the immediate police department in the certificate which has been issued where they make specific reference to the ability or resource of the department making it impossible to provide protection additional to that which exists under the law. The protection under the law we have already dealt with in our assessment of the CIPU report.

19. For all those reasons, even if the conduct on the part of the former boyfriend amounted potentially to persecution, we do not consider that there was a lack of sufficiency of protection in the state so that again, for that reason, the respondent would not be entitled to the protection either of the Refugee Convention or Article 3 of the European Convention.

 

32.    David Neale, from [14], sets out his opinion upon whether victims can obtain violence protection orders, whether domestic violence protection orders are effective, whether victims can avoid risk by relocating internally, and what other risks a victim might face, leading to his conclusions at [40] in the following terms:

 

40. In conclusion, the evidence suggests that:

 

a.        Victims who apply for protection orders face significant barriers improving their case. They may not have access to legal representation and they may face pressure to reconcile with the perpetrator. The majority protection orders are not granted at a final hearing.

b.        Even where a protection order is granted, it is unlikely to be effective if the victim, due to poverty and lack of social support, has no option but to continue living with their views. The effectiveness of protection orders can also be undercut by judicial corruption.

c.         Victims can be tracked down in another part of the country by the abuser through word of mouth, if the abuser is sufficiently motivated to do so.

d.        The rest were victim are not limited to the risks from the original abuser. Victims who are poor, lack education, lack of social support network and/or are disabled unlikely to be at heightened risk of trafficking, even if they have not been trafficked in the past.

 

33.    It is a personal view of David Neale that where a decision-maker is considering sufficiency of protection and internal relocation for a victim of domestic violence, irrespective of the gender of the victim, they should consider by analogy the risk factors set out in TD and AD as a useful guide. With factors such as the victim's social and economic standing, their level of education, their state of health including their mental health, and the availability of a support network being likely to be highly relevant.

34.    David Neale has also published a further document entitled "Albanian blood feuds: yet another unconvincing CPIN dated 3 February 2023" containing a critique of the new blood feud CPIN. That refers to previous reviews of the October 2018 and February 2020 CPIN's Blood Feuds, which he had argued were wholly unjustified in holding that an Albanian blood feud case could be properly certified as "clearly unfounded" subject to section 94. The conclusion of the report is in similar terms that such claims should not be certified following forensic analysis he uses to dismantle the Secretary of State's case in the CPIN.

35.    There will have been a number of challenges by way of judicial review to section 94 certifications in Albanian cases, meaning the Tribunal will have considerable experience of considering whether any certification is unlawful. There is no reported determination or resultant country guidance case indicating that it would be appropriate to find it was not open to the Secretary of State to certify as clearly unfounded, pursuant to section 94, such a claim. Such claims are intently fact specific.

36.    I do not find it has been made out it is permissible for me to not follow DM, a country guidance case, unless the evidence relied upon suggests I have good reason for doing so. I now move on to consider the relevant country evidence.

 

Country evidence

 

37.    In addition to the evidence filed before the First-tier Tribunal the Appellant has filed a bundle of further evidence containing a number of documents and reports.

38.    The first of this entitled 'No way out': Support Shortfall Forces Albanian Abuse Victims Back to Abuses, dated 30 May 2024. This appears to be an article written as a result of an investigation and published on 'Balkan Insight', the website of the Balkan Investigative Reporting Network (BIRN) which appears to focus on news, analysis, commentary and investigative reporting from the Balkan States. The article's author Anila Hoxha appears to be a journalist with experience in covering courts and crime in Albania. It is not made out she is a country expert, although her experience of reporting in relation to domestic crime and the actions of police in Albania is relevant.

39.    The content of the report reflects findings that have been made in cases elsewhere including the comments that as a result of an absence of adequate state support systems many victims end up back with their abusers, as a result of their lack of any form of social or financial support.

40.    The report refers to the fact that over the last 15 years, 33,828 individuals have been granted Protection Orders due to domestic violence in Albania, stating this only represents 5% of households, but the report does not clarify whether that is 5% of households by reference to the total number of households in Albania or 5% of those within Albania who seek protection but are refused Protection Orders, or where within Albania that 5% reside.

41.    The article refers to the government stating that the situation had improved and contains the following quote: " Immediately following a complaint, municipalities provide emergency help as well as long-term help with protection, recovery from trauma, empowering and reintegrating victims of various forms of domestic violence", Albanian's Ministry of Health and Social Protection told BIRN. The article refers to audits finding very limited shelter capacity for victims of domestic violence, other aid instruments being woefully inadequate, restricted resources in assisting victims of domestic violence in several municipalities, including some landlords being reluctant to rent to women perceived as being involved in some kind of domestic dispute, and that the municipality of Tirana told BIRN they dealt with 3,388 cases of domestic violence over the past three years but that only 25 victims received rent subsidies and five benefited from subsidised mortgage payments, with the numbers being even worse in smaller cities and municipalities.

42.    It is also recorded that the author of the article was told two municipalities, one in Southern Albania and the other in the North had no funds available to aid victims of domestic violence and relied on support from the United Nations Development Programme, UNDP.

43.    The second article, entitled "Albania risk report", is dated 5 November 2020 and is published by GAN Integrity.

44.    GAN is an abbreviation of the name of a company 'Global Advice Network' which its website states was founded by a renowned Danish human rights advocate for a partnership among six European countries, and claims to give compliance teams a better way to do their work with "an integrated, flexible platform and deep domain expertise, making it easier for compliance and risk teams to see everything, adapt to anything, and get all the help they need". The company deal with third party risk management, integrity identifier, integrity campaign manager, conflicts of interest, and incident management, but there is nothing to show that they have expertise or qualifications to produce a report specifically addressing the issue under consideration in this appeal.

45.    The country reports they produce assess risk under the headings of judicial system, police, public services, land Administration, tax Administration, Customs Administration, public procurement, natural resources, legislation, civil society, and sources.

46.    One problem with this report is that it is out of date. For example, in the section dealing with the judicial system the risks are assessed as "very high risk" on the basis corruption in the Albanian judicial system is widespread and a very high risk for business. It refers to bribes being exchanged for favourable judicial decisions and judges and prosecutors lacking accountability based upon reports for 2015 - 2016. The current situation is that there has been a purge on corruption within the judiciary with a substantial number of judges suspected of corruption being dismissed from judicial office and prosecuted where appropriate. New judges have and are being appointed within Albania, free from evidence of corruption, and tasked to apply the rule of law in accordance with proper judicial values.

47.    The report is clearly focused upon any risk to businesses or corporations either thinking of doing business within Albania or actually doing so, as demonstrated by the quote " the businesses face a high risk of corruption when dealing with the police, the public services section presents businesses with a moderate risk of corruption", and a seam of corruption running through the various other headings considered in the report. The existence of corruption in Albania is not a new concept. I do not find this report therefore greatly assist the Appellant in relation to this appeal.

48.    Of more relevance is the third document entitled "Action against violence against women and domestic violence, Istanbul Convention, published by the Council of Europe. The heading of the article reads "GREVIO publishes its first somatic report on Albania, the headline from the report being "Albania: progress in efforts to stop violence against women, but "significant gaps" remain, among findings in new somatic report". The report is dated 17 September 2024.

49.    GREVIO refers to the Group of Experts on Action against Violence against Women and Domestic Violence which is said to be responsible for monitoring implementation of the Council of Europe Convention on preventing and combating violence against women and domestic violence, and which in this article welcomes "comprehensive legislative changes" since their initial report on Albania was published in 2017.

50.    The summary of the article states:

 

The new thematic report praises the continuous legislative reforms, including to the Law on Measures against Violence in Family Relations and the Criminal Code, as well as the adoption of numerous bylaws, general instructions, and manuals. GREVIO particularly welcomes the rollout and replication in all Albanian municipalities of a coordinated referral mechanism, referred to in the report as a "pioneering project" that brings institutionalised and coordinated protection closer to victims of such violence.

 

Furthermore, the report commends efforts to streamline data collection through the introduction of a new database which allows authorities to better integrate data from other stakeholders. More legal reforms are underway, including a complete overhaul of the Criminal Code, which serves to confirm the authority's dedication to constructing a robust and stable legal framework to prevent and combat violence against women and domestic violence. These measures attest to the renewed ownership taken by the Albanian authorities of the prevention and protection of women from gender-based violence, which GREVIO welcomes.

 

Despite such progress to implement the treaty, which had entered into force in Albania 10 years ago, GREVIO also identifies areas which require "urgent action" by the authorities to fully comply with Convention provisions.

 

For example, traditional beliefs and strict gender roles and stereotypes remain a "serious challenge" in Albania, especially when it comes to sexual violence and rape, which results in extremely low reporting rates of these crimes. The report stresses that only one rape crisis centre exists for the entire country, and it is insufficiently used. GREVIO indicates an "urgent need" for the authorities to invest in further and more sustainable awareness-raising measures and to roll out relevant support services.

 

However, mandatory conciliation in respect of rape and forced marriage cases is still required in Albania, an issue which needs to be "urgently addressed". Similarly, the high number of reported cases of violence against women which are dismissed somewhere along the path of the judicial system and never reach a conviction similarly remains an important challenge.

 

The report also criticises the fact that only victims to report a crime may obtain specialist support services. Furthermore, the implementation and enforcement of emergency barring and protection orders visibly fall short of the authorities' commitment. GREVIO observed "significant gaps between the political will to reform, and implementation of those provisions," which continues to "undermined the trust of victims".

 

GREVIO calls on the authorities to effectuate "significant reform" of the healthcare system, to ensure the provision of comprehensive healthcare services to women and girls, including those with mental health problems. Standardised care path should be implemented not only to ensure the identification of victims, but that medical reports detailing the violence suffered be drawn up. Important shortcomings with the provision of specialised care for victims of sexualised violence were also identified.

 

51.    The next document is a report from Freedom House, Nations in Transit report 2023 relating to Albania, which is described as a transitional or hybrid regime. It is noted that Albania's Democracy Score improved from 3.75 to 3.79 and that their corruption rating improved from 2.75 to 3.00 due to a number of high profile indictments and convictions of former officials by the Special Anti-Corruption and Organise Crime Structure (SPAK) as well as its proactive role in promoting the fight against corruption and organised crime. The report gave Albania a total of 46/100 in relation to the democracy percentage and 3.79/7 in terms of the democracy score.

52.    The issue in this appeal is not, however, whether a country is democratic or not, and nor is it clear why the 2023 Freedom House report is being relied upon when the 2024 report is available.

53.    In the 2024 report Albania is given a score of 68/100. The 2024 report records that according to Albania's Independent Qualification Commission 245 judges and prosecutors were dismissed as a result of the vetting process introduced as part of the fight against corruption in the judiciary between 2018 and the end of 2023.

54.    The section posing the question of whether individuals enjoy personal social freedoms, including choice of marriage partner and size of family, protection from domestic violence, and control over appearance, Albania is given a score of 2/4, in relation to which it is written: " The government generally does not place explicit restrictions on social freedoms, as same-sex marriages are not recognised. Domestic violence is widespread. Which is often not understood to be a crime."

55.    The next document is an article dated 12 April 2024 entitled "Who protects Albanian women from the police?" This is an article written by Kristina Millona who is described as being an Albanian scholar working on topics related to homoeroticism, communism and archives, who holds a Master's degree in Transnational Queer Feminist Politics from SOAS University of London. The article contains a disclaimer that the views of the writer do not necessarily reflect the views of Kosovo 2.0.

56.    Kosovo 2.0 is an independent media organisation founded in 2010 covering different topics including education, environment, economy, politics, arts, culture and human rights, which publishes information Albanian, English, Bosnian, Kosovan and Serbian. Articles are provided by journalists. It is therefore not made out that Kristina Millona is a country expert in relation to Albania, and the view she expresses in the article must be taken as being her personal view.

57.    The article appears to be based on a conversation with an Albanian woman who the author met in a youth centre in East London together with other Albanian women and families seeking asylum in the UK. The article refers to judicial corruption remaining endemic in Albania which has resulted in some perpetrators of gender violence being let off with lenient sentences, with violence being exasperated for poor and low paid women living in close-knit communities in rural areas in which fathers and male partners may happen to be friends with the local police, and that even if reported the police will often minimise it as a family matter leaving women without sufficient protection.

58.    The article refers to the Centre for Human Rights and Democracy (QDNJD), a Tirana-based non-governmental organisation focused on women's rights, who it is said conducted an empirical study on applications for Protection Orders submitted to the Tirana Judicial District Court as part of the monitoring of the justice system towards gender-based violence, which it is claimed paints a bleak picture of weak enforcement of Protection Orders, lack of safety net in police interaction, which effectively trapped women into abusive situations.

59.    The article refers to Domestic Violence Protection Orders which can be obtained from family courts for which either the victim or the police can apply. The article states the first stage is that an urgent/emergency Protection Order is issued leading to the second stage which provides the offender with the right to be heard and oppose the order, after which, depending on the evidence, a final Protection Order is issued.

60.    The article refers to QDNJD statistics for 2000 to 2021 identified 1,920 lawsuits being submitted to the Tirana Court to request Protection Orders of which 53% were accepted or at least partially accepted with 47% being either refused or paused. It is stated that in 90% of cases the abuser is a man and that woman remains disproportionately subjected to domestic abuse.

61.    The difficulty with extracting this particular piece of information as it is not known why the 47% were not accepted. Applications for domestic abuse protection orders in the UK can be rejected by the courts if an incorrect application is made or other procedural issues arise. They can also be no criticism of the two-stage process, which is similar to that if an urgent protection order is made without notice to a party in the UK, in which an interim order will be granted for the shortest possible period with the second hearing being listed to enable the party subject to the order to come before the court and make submissions or representations if they wish to oppose the order. That is not a fault in the process, but an application in accordance with the rule of law which demands that parties who are subject to proceedings are entitled to know what is being said about them and to have a right to respond to the same.

62.    The article comments that one challenge for the judicial system in addressing violence against women is the eradication of the culture of impunity that discourages many women from reporting violence. There is reference to comments from some judges previously which are unacceptable, as an individual has a right to a fair hearing before a judicial body. The fact a number of judges have been dismissed and new judges appointed who have been vetted to ensure that they uphold the rule of law means that such incident should not happen in the future. In any event, it is not made out that even if some individual judges have made comments or acted inappropriately that this applies to all the judiciary or that there is systematic failure by the current members of the Albanian judiciary to apply the law properly, although culturally it is accepted that there may be some variation between the more traditional North and more cosmopolitan places such as the capital Tirana.

63.    The article refers to the Law on Guarantee State Assistance when referring to the State's obligation to provide legal assistance, although it claims only in 41% of cases the victim is assisted by a lawyer, although also refers to NGO's covering legal representation in most cases with private lawyers assisting 38% of victims. I have commented above on the evidence regarding funding problems expressed by some municipalities but within the UK, where legal aid is not often available, individuals may have to go to court on their own and it is not made out that the same is a bar to them seeking the protection that is required, even if representation will be preferable. It is not made out that the 41% of those represented under the state system means there has not been effective access to the courts for those in need who sought genuine protection orders. It is not a failure of the state protection system if an individual chooses not to pursue a claim or even fails to make an application in the first place. People fleeing domestic abuse, even in the UK, often go back to their homes or relationships where same occurred out of choice, even if they could have sought protection from the authorities.

64.    The National Domestic Violence Hotline in the UK notes that leaving an abusive relationship is never easy - and it isn't always the safest option. They write that survivors of abuse return to their abusive partners an average of seven times before they leave for good.

65.    The report speaks of an issue concerning sham marriages which is not relevant to the facts in this appeal, and refers to one of the songs sung during the "Reclaimed the Night" protest in Tirana on 8 March 2024, a demonstration gathering hundreds of activists and citizens protesting against the lack and safety that women face in public spaces. The article is very critical of state support and activities in protecting women.

66.    There is reference in one of the documents relied upon by the Appellant to municipalities placing reliance upon UNDP Albania to help them in relation to dealing with violence against women.

67.    This is a reference to the UN Joint Program Ending Violence Against Women in Albania (UNDP Albania) which is entered Phase II of its work. This project is funded by the Swedish International Development Corporation Agency and runs from January 2023 to July 2025.

68.    The programme specifically targets all women and girls who have experienced violence in Albania, placing a particular focus on women and girls who are subjected to multiple and intersecting forms of discrimination, including LGBTI women, women with disabilities and Roma and Egyptian women. The project also engages men and boys as pivotal agents of change in the advancement of gender equality, a reference to the need to tackle the traditional patriarchal/toxic male dominant beliefs in some parts of Albania.

69.    UNDP's latest report states:

 

In recent years, Albania has made notable progress in developing its legal, policy, and institutional framework with the objective of ending domestic violence and violence against women (VAW). A comprehensive legislative framework has been established to ensure a coordinated response from all relevant government agencies to domestic violence. Notable advancements at the institutional level include the expansion of the Coordinated Referral Mechanisms (CRMs) to all 61 municipalities in Albania, enhancements to the local information system for registering cases of domestic violence (REVALB), and a threefold increase in the monthly cash payments for survivors of domestic violence under protection orders. Notwithstanding these developments, violence against women continues to be a significant challenge in Albania.

 

The 2018 National Survey on Violence against Women and Girls in Albania indicates that the prevalence of violence against women remains high, with one in three women having experienced violence over the 12 months prior to the survey. The number of cases reported to the relevant authorities remains low in comparison to the actual number of women who experience violence (4,591 in 2018, 4,629 in 2019, 4,701 in 2020, and 5,312 in 2021). During the period of national lockdown in 2020, the number of calls made to the national counselling hotline increased by a factor of three in comparison to the same period in the previous year. However, the number of reports of domestic violence made to the police was lower than in previous years for the same period.

 

The main gaps and the relevant causes of the persistency of violence against women include challenges in preventing such violence, ensuring effective protection of victims and the availability of services, prosecuting cases of violence and adopting policies and laws aligned with international standards and best practices on VAW. To address these challenges, UN Women, UNDP and UNFPA have built on the successful collaboration on addressing violence against women in the context of the Joint Programme "Ending Violence Against Women and Girls in Albania" (JP EVAWIA) (2019-2022), supported by Sida, with the objective of ensuring that all women and girls in Albania live a life free of violence.

 

70.    The major achievements of the UNDP program are said to be:

 

•          As part of the Joint Programme "Ending Violence Against Women in Albania (Phase II, 2023-2025)", UNDP has enhanced the capacities of 10 Coordinated Referral Mechanisms to ensure effective implementation of laws and policies related to gender-based violence and to prevent and respond to violence against women (VAW). A total of 101 members (82 women and 19 men) of the referral mechanisms, including police officers, health centre representatives, judges, school psychologists, and others, have undergone training on legal changes and their responsibilities in handling cases of violence. Furthermore, 19 new Coordinators for Domestic Violence have developed their competencies in utilising and populating the REVALB system through coaching and the delivery of targeted training.

 

•          UNDP has initiated awareness-raising activities to combat violence against women. In order to educate the public, raise awareness about violence against women and promote a culture that does not tolerate such acts, activities such as the 16 Days of Activism and International Women's Day have been implemented. The objective of these initiatives was to reduce the stigma associated with survivors of violence and encourage community support. A total of 882 individuals participated in these activities, comprising 636 women and girls (18 Roma women and 13 women with disabilities) and 246 men and boys (13 Roma men).

 

•          UNDP has strengthened the network of local coordinators of domestic violence across municipalities in Albania. This network enhances the capabilities of coordinators in managing cases of violence by facilitating information sharing and collaboration. By exchanging best practices and addressing common challenges, the network improves the overall effectiveness of efforts to address and prevent violence.

 

71.    With the project outcomes stated as being:

 

1.        women and girls enjoy more effective preventative measures against violence in Albania.

2.        All women survivors and those at risk are better protected from all forms of violence and have equitable access to services in Albania.

 

3.        Responsive institutions and actors implement national policies and legislation on violence against women in a more comprehensive, inclusive and coordinated way in Albania.

 

72.    On behalf of the Secretary of State Ms Young relied upon the more recent CPIN: Albania: domestic violence against women, version 4.0, December 2022.

73.    I do not accept the criticism of the CPIN contain in David Neale's document, for although he is correct to note that a CPIN is not a statement of law, it is a document that is properly sourced and can be taken into account and given due weight.

74.    The guidance to caseworkers sets out the fact that domestic violence is not just about physical violence but also covers any incident or pattern of incidents of controlling, coercive, or threatening behaviour, violence or abuse between those aged 16 or over who are, or have been, intimate partners or family members, regardless of gender or sexuality. It can include psychological, physical, sexual, economic or emotional abuse. Children can also be victims of, or witnesses to, domestic violence. And that anyone can experience domestic violence, regardless of background, age, gender, sexuality, race or culture, although to establish a claim for protection, that violence needs to reach a minimum level of severity to constitute persecution or serious harm [1.2.1].

75.    In relation to whether a Convention reason exists in relation to a claim by woman at risk of domestic violence from Albania it is written:

 

2.3.1 Women at risk of domestic violence, including those who have experienced domestic violence, do not form a particular social group in Albania. Although they share an immutable characteristic - their gender and, for those who have experienced domestic violence, their background - which is innate and cannot be changed, they are not a distinct group because they are not perceived as different by surrounding society or Albanian law, despite traditional views of their subordinate position being prevalent in parts of the country (see Legal framework).

 

2.3.2 In the Country Guidance case of DM, the Upper Tribunal held that women do not form a particular social group (paragraph 10). The available country evidence considered in this Note continues to support that assessment (see Legal framework).

 

2.3.3 In the absence of a link to one of the 5 Convention reasons necessary for the grant of refugee status, the question to be addressed in each case is whether the particular person will face a real risk of serious harm as a result of domestic abuse which is sufficient to qualify for Humanitarian Protection.

 

76.    In section 2.4 entitled "Risk", it is stated that although domestic violence is reportedly a widespread issue, it includes a wide spectrum of behaviour, much of which is not likely to be sufficiently serious by its nature and repetition to reach the high threshold of persecution or serious harm, and that it is for the woman to show that she faces a real risk of persecution or serious harm, with each case considered on its facts.

77.    That is a legally sustainable point, even though it may seem totally unacceptable to a woman who is suffering domestic violence or domestic abuse at the hands of a perpetrator. It is therefore necessary to consider whether the matter that the Appellant fears in this appeal might happen to her is sufficient to reach the necessary threshold, which I shall refer to further below.

78.    The CPIN recognises at 2.4.2 that despite gender equality being recognised in law, patriarchal sociocultural norms on gender roles still exist in some areas of society. Traditional attitudes towards the role of women in the home and family, especially in rural areas, also remain, which affect women's socio-economic outcomes and ability to earn a living.

79.    It is also recorded at 2.4.3 that the prevalence of domestic violence is difficult to assess due to gaps in reliable data and likely underreporting by victims, especially in rural areas. There is reference to a statistical survey undertaken by the Albanian Institute of Statistics which surveyed women in 2018, 47% of who reported that they had experienced intimate partner domestic violence in their lifetime, most commonly in relation to controlling behaviour.

80.    Ms Young specifically referred to section 2.5 entitled 'Protection' in which it is written:

 

2.5.1 The authorities are in general willing and able to provide effective protection for women who have experienced domestic violence.

 

2.5.2 In the country guidance case of DM, the Tribunal held that the state offers sufficiency of protection against domestic abuse (paragraph 18). Since DM was promulgated the government has implemented a number of measures to improve both the law in regard to domestic abuse and services and support for victims. The Criminal Code was updated in 2012, with domestic violence recognised as a specific offence, while the Council of Europe's Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention) came into force in Albania on 1 August 2014. In 2018 and 2020 amendments to the law strengthened protections against domestic violence and aligned Albania with international standards (see Legal framework).

 

2.5.3 There are laws that prohibit violence against women with sentences commensurate with other serious offences, including rape and early/forced marriage. While marital rape is illegal, the concept can be misunderstood, which affects enforcement of the law (Legal framework).

 

2.5.4 The criminal justice system is generally effective. It includes institutions capable of enforcing the laws criminalising violence against women, specifically through the State Police, and punishes crimes against women through the judicial process. The European Commission reported that the police identified and addressed 5,312 cases of domestic abuse in 2021; 3,266 involved requests for protection orders, 1,630 cases were referred to prosecution offices, 638 perpetrators were arrested and 123 were detained. In December 2021, the Council of Europe noted a 'significant increase' both in the number of court judgements which referred explicitly to the Istanbul Convention (protecting women against domestic violence) and in the successful prosecution of domestic violence (see State protection).

 

2.5.5 Following amendments to the law a preliminary protection order can be issued, meaning that a perpetrator can be removed from a home without the need to wait for a court to issue an actual protection order. Although there can be poor implementation of protection orders, steps have been taken to strengthen police structures and train police officers in their responsibilities (see Police and their role in protection and Prosecution: statistics).

 

2.5.6 Victims of domestic abuse are eligible to receive free legal aid and steps have been taken to strengthen this provision, although most are supported by civil society organisations due to a lack of awareness and complicated procedures to obtain state aid, which require professional support (see State protection).

 

2.5.7 In 2021, the Council of Europe and the People's Advocate (Ombudsman) acknowledged the progress made in addressing domestic abuse in terms of setting up the Coordinated Referral Mechanisms which provide for multidisciplinary assistance for survivors of domestic abuse in all 61 municipalities (see State protection).

 

2.5.8 Shelters for victims of domestic violence have sufficient capacity and are professionally run. Women in remote or rural areas may be referred to shelters for victims of trafficking due to a lack of services specifically for domestic abuse in their area. In addition, there are 25 centres situated across the country which provide counselling and long-term services for victims of domestic abuse. There is also a centre for victims of sexual assault at a hospital in Tirana which is available to males and females, adults and children (see Assistance and integration).

 

2.5.9 By law, healthcare institutions have a number of responsibilities towards victims of domestic abuse. Healthcare, education and vocational training are also provided by shelters to assist reintegration. Victims of domestic abuse and single mothers are among the groups who are prioritised for low-cost public housing. In addition, some municipalities assist victims of domestic abuse in paying rent. However, housing programmes are not available in every municipality and long-term housing for victims of domestic abuse can be a challenge, some NGOs provide assistance with housing. Victims of domestic abuse are entitled to financial assistance from the state, including benefits for children (see Assistance and integration).

 

2.5.10 Women from disadvantaged or marginalised groups can have greater difficulty in accessing support services; these groups include older women, Roma and Egyptian women, lesbian, bisexual and transgender women and women with disabilities (see Assistance and integration).

 

2.5.11 Women may be reluctant to report domestic violence due to stigma, societal attitudes towards domestic abuse, a tendency for women to blame themselves and a lack of understanding of womens' rights, the services available to them, legal remedies and protection. However, a reluctance to seek protection does not mean that protection is unavailable (see Domestic violence: statistics, Under-reporting, and Availability of social care services).

 

2.5.12 Much of the provision of services for victims of violence and the rehabilitation of offenders is carried out by NGOs with the aid of international organisations. However, both the government and civil society continue to work collaboratively to address domestic abuse. In 2020, the Executive Director of Human Rights in Democracy Centre stated that there is 'strong coordination' between the responsible authorities and NGOs. Albania has adopted a National Strategy for Gender Equality, 2021-2030. At the time of publication, 14 out of 61 municipalities have signed the European Charter for Equality of Women and Men in Local Life. The Monitoring Network Against Gender-Based Violence is a group of 48 organisations which is active in advocacy and monitoring the legal and policy framework on ending violence against women (see Assistance and integration and State protection).

 

81.    In relation to the legal framework in Albania relating to domestic violence it is written:

 

3.2.1       A UN Women job advert for the post of 'national consultant to support the cordinated referral mechanism to violence against women in several municipalities of Albania,' dated circa September/October 2020, stated:

 

'... The country has made important steps in this area and is party to key human rights treaties, including the Convention for the Elimination of all Forms of Discrimination against Women (CEDAW), the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention). Albania has also adopted a national legal framework to address domestic and other forms of violence against women, starting in 2006 with the first Law on Domestic Violence, which was later amended in 2010 and 2018 to bring it in conformity with the Istanbul Convention. In 2008, the Law on Gender Equality came into effect and included the establishment of the national gender machinery. In addition, women survivors of domestic and sexual violence and human trafficking are one of the main groups to benefit from both a free legal aid system and expanded protection measures for victims of crime -” the result of a revised Law on Free Legal Aid (1*) and amendments to the Code of Criminal Procedures.(2*) In April 2020, the Criminal Code also was amended to recognise dating violence as a form of domestic violence offence, following similar amendments that took place in 2018 amendments in the Law on Domestic Violence.'3

 

3.2.2       An article published by the Organisation for Security and Co-operation in Europe (OSCE) Presence in Albania in January 2021 stated, 'Albania has taken enormous steps since 2007, when the first law on combating the phenomenon of domestic violence in the country entered into force, to the latest legal measures on protection orders and the removal of the perpetrator 1 UN Women, 'Constitution of the Republic of Albania 1998, as amended to 2020', no date 2 USSD, HR Report 2021 (section 6), 2 June 2022 3 UN Women, Job advert, 'National Consultant to Support...', no date Page 13 of 55 from the household, as well as the instruction for harsher criminal sentences and security measures. It is a fact that Albania's legal and institutional framework has been continuously improving.'

 

3.2.3       An article published by UN Women in June 2020 stated that Albania had a legal framework on domestic abuse which was 'largely aligned with international standards.' The article added: 'Albania's legal framework for addressing violence against women and girls has undergone significant changes over the past two years. The most important changes were made in 2018 to the Law on Measures against Violence in Family Relations. '"The legislative changes have impacted the work of local structures in terms of monitoring and enforcing court decisions. An important step is the prohibition of the reconciliation procedure in court - which is also banned by the Istanbul Convention," said Aferdita Prroni, Executive Director of HRDC [Human Rights in Democracy Center, a civil society organization].' 5

 

3.2.4       On 9 January 2021, The Borgen Project, which campaigns to make global poverty a focus of US foreign policy6 , published an article which stated: 'In 2018, important changes were made to the Law on Measures against Violence in Family Relations in Albania's legal code. The most important changes involve how local law enforcement and courts should respond to reports of domestic violence. Police officers now must perform risk assessments after identification of the victim, report the domestic violence cases and issue preliminary protective orders. These preliminary protective orders allow the police to remove the perpetrator of violence from the residence before the court has issued an actual protection order. These new police obligations offer survivors more immediate help, instead of having to wait for the courts to react.' 7

 

3.2.5       On 9 December 2021, the Council of Europe published conclusions on Albania's implementation of recommendations in respect of the Istanbul Convention, stating that the Committee of parties to the Convention welcomed, amongst other things '... the 2018 amendments to Law 9669/2006 on domestic violence that have introduced the obligation, in cases of domestic violence, to assess whether protection orders should be issued or ordered for the benefit of children, which may include the temporary limitation of parental rights; and that detail the nature and the modalities of enforcement of Emergency Barring Orders and Protection Orders...'8

 

3.2.6       The USSD HR Report 2021 stated: 'The law on domestic violence extends protection to victims in a relationship or civil union and provides for issuance of a protective order that automatically covers children as well. In November 2020 parliament amended the law to provide for ordering the abuser to leave the premises of 4 OSCE, Violence against women and girls: No alternative but ..., 15 January 2021 5 UN Women, Revised law empowers women survivors of violence in Albania, 8 June 2020 6 Borgen Project, About Us, no date 7 Borgen Project, New Policies to Protect Women and Girls in Albania, 9 January 2021 8 CoE, CoP Conclusions Albania, adopted 7 December 2021, published 9 December 2021 Page 14 of 55 the victim. Police operated an automated application issuance process within the police case management system that allowed for rapid issuance of protective orders and produced a record of orders issued.' 9

 

3.2.7       On 7 January 2022, 2 NGO groups, The Advocates for Human Rights10 and Human Rights in Democracy Centre, 11 submitted a 'suggested list of issues prior to reporting' in connection with Albania's compliance with the Convention on Economic, Social and Cultural Rights. It stated: 'Amendments of 2018 and 2020 of Law no. 9669 "On Measures against domestic violence", as amended and the drafting of bylaws on its implementation (orders, instructions, protocols) was a very important step towards the protection and promotion of the rights of survivors of domestic violence.' 12 3.2.8 The USSD HR Report 2021 stated: 'Rape, including spousal rape, is a crime; the law also includes provisions on sexual assault. Penalties for rape and sexual assault depend on the age of the victim. For rape of an adult, the penalty is three to 10 years in prison.'

 

82.    The question of sufficiency of protection and internal relocation will only arise if it is established that a person faces a real risk of harm in their home area. It was not argued before me that the Appellant has not suffered acts of violence at the hands of her husband in Albania or will face a real risk of harm if she is returned to her home area.

83.    Part of the evidence that was provided by the Appellant is a judgement of a District Court in Albania, dated 27 May 2019, granting an Immediate Protection Order to the applicant.

84.    The Secretary of State in the refusal notice raised the point that the name of the applicant for the Protection Order is not the name used by the Appellant in these proceedings although she claimed it does relate to her and that she had changed her name. That issue was not pursued before me at the hearing.

85.    The Court granted protection by issuing an Immediate Protection Order in favour of the named applicant who is said to be married with two children who was born on 26 June 1983, and her parents. It was issued on the basis of taking action against domestic violence.

86.    The note on the Order shows that the named applicant reported to Mat Police Station in Albania that her spouse used violence towards her, left the matrimonial home, and that he had also used violence against the applicant and her parents at their property. The report records that the police had made a decision to carry out further forensics on the applicant's injuries. The Court notes states that it was decided:

 

-           To accept the claim made by the named applicant.

-           To issue an immediate protection order as follows:

-           to immediately inform the Respondent that if he carries out any threats, will be considered as domestic violence against the Applicant, are members of her family (who are named).

-           To order immediately the Respondent not to violate, harass, contact or communicate directly or indirectly with the victim and her parents.

-           To order immediately the Respondent not to approach the family home of the named applicant within less than 100 m.

-           Non-compliance with the terms of the order by the respondent will be considered a criminal offence.

-           The court hearing the consideration in the Immediate Protection Order will take place on 27.05.2009 at 8:30 AM.

-           The decision becomes effective and can be executed by the Bailiffs in MAT.

-           The Court will serve a copy of this judgement to all parties at the Police Station in Mat.

-           Special appeal against the decision can be made at the Appeals Court of Tirana within 5 days.

 

87.    It is stated the Order was issued in Burrel on 13 May 2009 at 8. 55 AM.

88.    This demonstrates that the Appellant was able to approach the authorities and that they acted in accordance with her complaint of violence by issuing the Protection Order. The Appellant in her witness statement dated 16 May 2022 states the Protection Order is out of date and that it will be very difficult to get a new one, although her subjective view is not objectively made out especially as she has not made an application for one. The Appellant also claims that if she obtained a new Protection Order it would not protect her as the previous order did not, as her husband continued to be violent against her. It is not known whether if her husband was violent to her in breach of the order, she took any steps to advise the authorities who, in accordance with the terms of the order, had the ability to take action against him under the Criminal Code.

89.    The Appellant also provided evidence from the Greek Police which she claims is evidence to show that the Greek Police were carrying out an investigation of violence by her husband against her, which resulted in her sustaining injuries. The Appellant also claimed that her husband has been in prison for assault in Germany and Greece, and states she understood that he served three months in prison for assault in Greece in 2010 and three months in prison for assault in Germany in 2019.

90.    The Appellant claims her husband has been in touch with their daughter II in the UK by telephone, as she admits that she permitted such contact between the children and their father, which is to her credit. She states on a few occasions she has overheard his threatening language and has become involved in the phone conversation to try and protect her daughter. She claims to have recorded a conversation where her husband rang her daughter on 13 July 2021 when he was very aggressive, as a result of which she had to stop him to protect her daughter, which resulted in him becoming very aggressive towards her and starting to threaten to kill her and her family in Albania. The Appellant claims that II was so upset and affected by her father's threats and their situation that she tried to kill herself. As a result, both children were being seen by a Senior Social Worker with Newcastle Council and II was receiving help from Dr Bell of the West Road Medical Centre. A copy of the transcript of that call is to be found at Annex A below.

91.    That necessitates consideration of the question of whether the Appellant had established that the threats and harm she received, and fears, was for a Convention reason, namely whether she had established that she could satisfy the Convention reason of being a member of a PSG.

92.    The main prong of the attack on the Secretary of State's conclusion in the refusal letter that the Appellant cannot satisfy the definition of membership of a PSG, is to attempt to undermine the specific finding to that effect in DM, but for the reasons set out above, I do not find the Appellant has established that DM should not be followed as the current applicable country guidance case in relation to the situation of female victims of domestic violence in Albania, including married women.

93.    The decision an Shah & Islam [1999] UKHL 20 did not find that women are a member of a social group solely as a result of being female in terms of gender, but rather that they formed a PSG as a result of the positive discrimination with a lack of effective protection experienced by women in Pakistan. It is also not made out that victims of domestic violence have a distinct identity in Albania as they are perceived as being different by the surrounding society.

94.    If the Appellant cannot establish a Convention reason she is not entitled to the protection of the Refugee Convention but may be entitled to a grant of Humanitarian Protection if, despite not being entitled to be recognised as a refugee, she faces a risk of serious harm or a human rights violation in Albania.

95.    Even if it was found there was a real risk, the question of whether there is a sufficiency of protection available and internal flight option still has to be considered.

96.    The Appellant has a subjective fear of being returned as she believes there will be no such protection.

97.    The required minimum standard of protection is often referred to as the Horvath standard - Horvath v Secretary of State for the Home Department [2001] 1 AC 489 - in which the House of Lords held that the standard to be applied is not to eliminate all risk but a practical standard, which takes proper account of the duty which the state owes to its citizens. It was accepted that certain ill-treatment may still occur even if the government is willing and able to prevent it, although serious discrimination or other offensive acts committed by part of the population may constitute persecution if they are knowingly tolerated by the authorities or if the authorities refuse, or are proved unable, to offer effective protection a claimant may qualify for asylum.

98.    Whilst in the past it was fair to criticise the lack of a protection for victims of domestic violence in Albania that is clearly not the current situation. The material shows that as a result of actions taken by the State, organisations such as the United Nations, accelerated as a result of Albania's desire to join the European Union, protection provided by the authorities is available to an individual such as the Appellant in Albania. Even if not the situation in 2019 when the Appellant left Albania, that is the situation at the date of this hearing and promulgation of this determination.

99.    The CPIN, actors of protection, Albania, was updated on 20 February 2025. I do not consider it necessary to reconvene the hearing or seek further submissions from the parties as the information contained within the section on protection includes that discussed above including the case law referred to by David Neale. At section [2.1.1 to 2.1.5] it is written:

 

2.1.1 In general, Albania takes reasonable steps to prevent the persecution by operating an effective legal system for the detection, prosecution and punishment of acts constituting persecution and a person is generally able to access the protection.

 

2.1.2 As such, the state is both willing and able to offer sufficient protection to persons fearing non-state, including 'rogue' state actors. The onus is on the person to demonstrate otherwise.

 

2.1.3 Whilst the Upper Tribunal (UT) of the Immigration and Asylum Chamber and its predecessors have not considered whether sufficient protection is generally available in Albania, the UT has held that the government is willing and able to provide protection in a number of reported cases for several particular groups:

 

•          in the case of  DM , heard on 15 March 2004 and promulgated on 1 April 2004, the Immigration Appeal Tribunal (IAT) held that there was sufficiency of protection available to female victims of domestic violence (see paragraphs 16 and 18)

•          in the case of  XM , heard on 21 May 2004 and promulgated on 2 July 2004, the IAT held 'the Government of Albania is both able and willing to provide adequate protection for the Appellant [as a victim of extortion].' (paragraph 30)

•          in the country guidance (CG) case of  TD and AD , heard on 3 June 2015, promulgated on 9 February 2016, which considered risks faced by female victims of trafficking, the UT held '... There is in general a Horvath-standard sufficiency of protection, but it will not be effective in every case. When considering whether or not there is a sufficiency of protection for a victim of trafficking her particular circumstances must be considered.' (paragraph 119d)

•          in the CG case of  BF , heard 23 October 2018 and promulgated on 29 March 2019, the UT held, 'There exists in Tirana a generally effective system of protection should an openly gay man face a risk of harm in that city or from elsewhere in Albania.' (paragraph 251(iv))

 

2.1.4 In the judgment of  A.D. AND OTHERS v. SWEDEN - 22283/21 (No Article 3 - Prohibition of torture : First Section) [2024] ECHR 402 (07 May 2024) , the European Court of Human Rights found that there was in general a sufficiency of protection, including protection from criminal gangs:

 

'... the Court ... sees no reason to depart from the [Swedish] Migration Court's finding... that it follows from available country information that Albania has a largely functioning judicial system.

 

'The Court, however, recognises the challenges faced by the Albanian judicial system, which are described in the country information quoted above, and which were also noted by the Migration Agency and the Migration Court, as well as by the Government. In particular, the Court notes the reports of continuing problems relating to corruption and influence from criminal organisations. Essentially, from all the reports quoted above dating from 2021-2023..., it appears that corruption continues to be a widespread problem in Albania and that further efforts are needed to address this. The report from the Belgian Office of the Commissioner General for Refugees and Stateless persons also specifically states that Albanian crime groups remain among the most powerful in all of Europe and that criminals from that ecosystem have ties to the police, judicial officials and other people in high positions.... The report from the Swedish Migration Agency further states that the police have a history of corrupt elements facilitating or even participating in criminal activities...

 

'Nevertheless, the Court also recognises that Albania, a member of the Council of Europe and a Contracting State to the Convention, has made concerted efforts to address these issues. The reports quoted above describe several reforms which have been introduced and measures taken to improve the capability and integrity of the law enforcement authorities. The reports also note that, although some problems remain, progress has been made. For example, specialised bodies working against corruption and organised crime have been set up and are operational, vetting processes for judges and prosecutors are ongoing, regular police operations against criminal organisations are carried out and there are examples of investigations, arrests and convictions in cases relating to corruption and to organised crime...

 

'In the light of these recent reports, which postdate the decisions in the domestic proceedings, the Court considers that the Albanian authorities' capacity to protect their people cannot be regarded as insufficient for the general public in Albania. Nor can it be regarded as generally insufficient for all persons who are targeted by criminal organisations...' (paragraphs 68 to 71).

 

2.1.5 The available country information at the time of writing indicates that the caselaw above continues to be applicable (i.e. that protection is generally available)

 

100.                        The risk the Appellant specifically refers to from her former husband is limited to the geographical area of their home in the north-east of Albania. It is therefore also necessary to consider the question of whether there is an internal flight option available to the Appellant to another part of Albania.

101.                        This is relevant as the protection provisions allow a state to refuse international protection if there is another part of the country of origin where there is no well-founded fear of persecution or real risk of suffering serious harm, and where an applicant can reasonably be expected to stay. Paragraph 339O of the Immigration Rules reads:

 

Internal relocation

 

339O (i) The Secretary of State will not make:

 

(a) a grant of refugee status if in part of the country of origin a person would not have a well-founded fear of being persecuted, and the person can reasonably be expected to stay in that part of the country; or

(b) a grant of humanitarian protection if in part of the country of return a person would not face a real risk of suffering serious harm, and the person can reasonably be expected to stay in that part of the country.

 

(ii) In examining whether a part of the country of origin or country of return meets the requirements in (i) the Secretary of State, when making a decision on whether to grant asylum or humanitarian protection, will have regard to the general circumstances prevailing in that part of the country and to the personal circumstances of the person.

 

(iii) (i) applies notwithstanding technical obstacles to return to the country of origin or country of return

 

102.                        Miss Young relied upon section 2.6 of the CPIN: domestic violence against women, Albania, December 2022, date updated on 20 ^th February 2025, which reads:

 

2.6.1 In general, there are parts of the country where a woman would not face persecution or serious harm and internal relocation could be reasonable. However, each case must be considered on its facts.

2.6.2 Albania is a small country, with a population estimated to be between 2.8 million and just over 3 million, almost 500,000 of whom live in the capital, Tirana. The law provides for freedom of movement and women are able to move freely to another part of the country (see  Freedom of movement ).

 

2.6.3 Single and divorced women are able to move from rural areas to Tirana, where they can live alone, although they can face some social and economic barriers, particularly if the woman is not well-educated. Women living in rural areas are more likely to be dependent on men and are more likely to face stigma for being divorced or living alone (see  Situation of lone women ).

 

103.                        The country information clearly establishes that there is an internal flight alternative available for the Appellant, per se, which will enable the Appellant, in theory, to return to Albania where she could relocate to Tirana and make use of the services available to her to re-establish herself in her home country and to develop a future for the children.

104.                        However, the other issue which has to be considered holistically is the reasonableness of such a proposition. That requires consideration of all relevant factual issues.

 

 

Evidence specific to the Appellant

 

105.                        In her witness statement dated 17 November 2022 the Appellant refers to the refusal letter and expresses her concerns about the children, particularly her daughter II who has said that she would kill herself if she had to go back to Albania. There is reference to support and help being provided to II.

106.                        The Appellant states that she herself has received counselling, having been referred by her GP as a result of the violence received in the past from her husband to the West End Women and Girls Centre, who provided a letter dated 16 November 2022 which outlines the support they have provided.

107.                        The Appellant expresses her subjective fear that she will not be able to get protection in Albania as her husband will try and seriously harm or kill her and the children if they are returned there.

108.                        The Appellant refers to Albania being dangerous for single separated woman like her with children, and that she would be too afraid to go to authorities for help as she claims her husband has many contacts throughout Albania, although there is insufficient evidence to enable a finding that such a claim is credible or that he will be able to trace her initially if she is returned to Albania, in light of the regime in force. The Appellant also refers to corruption in the police and lack of trust.

109.                        Specifically relating to internal relocation, the Appellant claim she would not be safe in any part of Albania, that she would be looked down upon by people in Albania which would make it more difficult for her and the children to get protection or relocate, that she is worried about any treatment her daughter would receive, and that she herself has not got a high level of education which would make it more difficult for her to relocate.

110.                        In relation to the telephone call of 13 July 2021(see Appendix A) the Appellant claims her husband rang her daughter on that day and became very aggressive as a result of which she had to stop him to protect her daughter, as a result of which he became very aggressive towards her and threatened her and her family in Albania, as a result of which II was so upset and affected by her father's threats and their situation that a few weeks before the statement of 16 May 2022 II tried to kill herself.

111.                        There is within the bundle a letter from Talking Helps, a psychological well-being service, dated 24 December 2020 addressed to the Appellant referring to her attending a telephone counselling appointment on 24 September 2020 in which the Appellant stated she was currently receiving psychological help from a named local centre, and having weekly telephone appointments with the psychologist which she found beneficial. As the Appellant was already receiving psychological help Talking Helps was unable to offer counselling at the same time. The letter refers to the Appellant having been assessed as having high levels of anxiety and depression following an assessment in March 2020, with a recommendation the Appellant carries on with the appointment/help she is already receiving with the named local centre.

112.                        A letter from Talking Therapies dated 28 March 2024 refers to an assessment appointment having been attended by the Appellant on 26 March 2024 which, as a result of the assessment, the Appellant indicated severe levels of low mood and moderate levels of anxiety.

113.                        The Appellant is reported as having expressed problems of feeling down, depressed and hopeless, and having a lack of interest in pleasurable activity she used to enjoy. That her appetite has been poor, although she reported no weight loss when asked, that sleep has also been a problem, waking in the night with nightmares, and a reported change in her behaviour, being more withdrawn than usual and struggling to concentrate, which is impacting on his studies and completing some routine activities.

114.                        The Appellant is reported of having thoughts in more than half the days over the past two weeks such as "it will be easier not being here", but denying any plans or intentions to act on those thoughts, that she was able to keep herself safe, and that when asked what kept herself safe stated "I only live for my children, I only live for them; they are the reason I came to the UK". The Appellant confirms she would never harm herself due to the impact this would have upon the children.

115.                        In relation to the outcome it is written:

 

It is been agreed that the most suitable treatment is High - Intensity Cognitive Behavioural Therapy. This will be delivered by a CBT Therapist.

 

I have placed you on the waiting list for this treatment.

 

116.                        A more recent letter dated 15 January 2025 has been provided from the West End Women and Girls Centre in relation to the Appellant and her children in the following terms:

 

I am writing in support of the asylum application for the above-named family.

 

I have worked with both EI and II have a number of years concerning the trauma that both have experienced it due to the domestic abuse perpetrated by EI's ex-partner and the children's father. The family have been greatly affected by the domestic abuse and it is my professional opinion that they will not be safe if they return to Albania.

 

The continued asylum court appearances have impacted the mental health of the family and contributed to ongoing trauma, affecting both children's ability to focus on schoolwork and exams and build a positive life in the UK. The whole family is terrified of being forced to return to Albania where they believe that their lives will be at risk. As a professional working in the field of domestic abuse I believe the risks are very high of the family being targeted and murdered.

 

I would asked the court to support them in their leave to remain in the UK and to be able to move on and live a life that benefits society and our local community and be safe.

 

117.                        It is not suggested the author of the letter is a country expert but her assessment of the psychological impact upon the Appellant and children is not something it was suggested I could not put weight upon.

 

Evidence specific to the children

 

118.                        There is within the bundle a copy of a Child and Family Assessment in respect of II, completed on 6 July 2022. In relation to the key personal relationships, it is recorded they are EI, the appellant and mother of the children II and BI, and LI, the children's father who lives in Albania. It is recorded that the family fled to the UK citing domestic violence and abuse from LI although the children do maintain some level of phone contact with him.

119.                        The reasons for the assessment and intervention is described as being following a referral from a staff member at the Mental Well-Being at the GP surgery expressing concerns that the family had now been given an date for deportation back to Albania which had caused shock and upset for the whole family, had led II to suicidal thought, ideation and an attempt having been made 4 days before the assessment, when she tried to choke herself with her hands but couldn't, and became frightened of what would happen to her. The assessor writes that having spoken to II at the assessment she stated she would rather kill herself or be killed by someone else rather than go back to Albania. It is stated the family fled to the UK from Albania in 2019 following years of abuse from their father, primarily aimed at their mother, but all witnessed by the children who were pleased that their mother ran away from him.

120.                        There is reference to referrals on 16 March 2022 from the GP where the Appellant raised concerns about her immigration application being declined and being fearful of returning to Albania due to fleeing the country because of domestic abuse perpetrated by the children's father.

121.                        There is reference to a second referral on 25 ^t March 2022 by II's school who disclosed that she was fearful of being deported back to Albania as her mother left to get away from her abusive husband, her father. II also stated that she was in contact with her father and spoke to him every week because if she did not he will kill her grandparents and himself. I find this threat could only have come from LI directly.

122.                        Further reference is made to the incident in which II is said to have tried to strangle herself in the following terms:

 

There have been concerns about II emotionally, she has said that she would rather kill herself or be killed by someone else than return to Albania, at that time she also put her hands around her own neck and tried to strangle herself. II has also said during assessment that she can sometimes suffer with low mood. EI said that she took II to the GP for this issue and said that they had referred II for support...... II is currently spending time speaking to Maria (student social worker) which she enjoys and gives her an opportunity to speak to someone about how she is feeling. Children's Social Care will ensure that a referral is made for II.

 

123.                        It is recorded that the only concerns that have been raised with Children's Services have been in relation to the family fearing being deported back to Albania and the risk they would face from LI, fears it appeared to have impacted on the family's generally emotional well-being, particularly II.

124.                        Behaviourally, no concerns are raised with regard to II who when seen is a polite and person able to express views well and is described by the school as a polite person with a good attitude to learning.

125.                        In relation to the relationship with their father, it is recorded that the relationship between BI, II and their father appears to be fractious, but the children have had relatively frequent phone contact with their father although he does not know exactly where they are for safety reasons. LI has been heard on the phone to EI being aggressive, swearing and making threats towards EI. BI informed the assessor that he kept missing his father's calls because his phone was on silent but when asked whether he actually wanted to speak to his father he is recorded as saying "not really". LI also indicated she did not want to have any contact with her father; however she was worried that if she cuts off all contact he may commit suicide.

126.                        The Appellant is recorded as stating that she has a difficult relationship with her parents as she did not feel they fully supported her when she was in the abusive relationship with LI, but II did state she felt she had a very close relationship with her mother's side of the family.

127.                        No concerns are recorded in relation to the basic care afforded to the children by EI, who is said to be doing everything she can to ensure the children's safety. It is recorded that she moved to the UK to get both herself and the children away from a domestically abusive and violent relationship of which they have memories. EI is also concerned about the risk that LI would pose to them of a blood feud where they to return to Albania. EI stated the children are safe in the UK and need to stay here.

128.                        There is also recorded a point that came out in the transcript of the telephone call recorded below, that EI speaks about the children warmly and how important it is to her to keep them safe and that is all she cares about and does not care about herself.

129.                        Part of the record of the conversation between the counsellor and II contains II having memories of seeing her father bring other women into the family home and then take them to his bedroom when she was young, and when asked what this was like for her she said it was very upsetting because she would have to tell her mother which she did not like doing.

130.                        It is further recorded that EI wanted to move to the UK in 2006 while she was pregnant but could not move until 2019. EI recorded she had no family support available after marriage and that LI hit her in front of her parents, and that EI had told her own mother that if anything happened to her, she would blame her. EI stated that LI did not work, was violent to the children, bit her, and got annoyed with her if she did not clean his shoes.

131.                        Under the heading "What we are concerned about" it is written:

 

EI has provided a video in which LI is on the phone to II and sounds very aggressive. EI also said that LI was making threats to kill them in the call.

 

EI states that there were years of domestic abuse and violence from LI which the children were witness to.

 

II has said she would rather kill herself and go back to Albania, she has at one point put our hands around her own neck and attempted to strangle herself.

 

EI said that the Police in Albania do not do anything about domestic abuse.

 

EI said that they were to go back to Albania than LI would find out and they would be at risk, she would only have her parents to go to which is near LI and said that she feels low in mood at times.

 

EI said there was a blood feud involving LI's family and another family which will place the children at risk.

 

132.                        Having analysed the situation it is written:

 

It would be of great concern if the family were to be returned to Albania. L I has been heard on the phone being aggressive and EI has translated what he is saying as being threats to kill them. EI has said that the only place that she would be able to go in Albania is her parents and they would not be able to protect them and live close to LI. She has said that it is a small place and LI would soon become aware that they were back. Further to this she states that are involved in a blood feud which would place the children at risk if they were in Albania. The children are also in education and settled in the UK, so moving now will be disruptive and detrimental to them. The likely long appeal process with the Home Office is stressful for the family and have them living in uncertainty as to whether they will be staying here or not.

 

There are numerous strengths within the family. The children are settled in education and doing well, they both have friends in school and outside school. EI states that she moved to the UK in order to ensure the children's safety and that is why she is appealing to stay here. EI is learning English and also gets involved in a church group and volunteering at Foodcycle. EI and the children have engaged throughout the assessment, and EI took II to the GP straightaway for support with regards to mood. EI also receives support from Action for Children. The children report liking the UK and wanting to stay here. EI takes II and BI on days out such as South Shields Museum.

 

EI by moving to the UK to escape domestic abuse has demonstrated her ability to ensure the children's safety. Ei is insightful as the impact domestic abuse and violence can have on children. EI is working with services to try and best protect her children's ongoing safety.

 

There are no concerns with regards to children's safety and EI's care of the children in the UK. The concerns are specific to if the family were returned to Albania. II has been candid in saying that it would be this that would make her want to end her own life. The children speak positively about life in the UK and their desire to stay here. Ultimately it is a Home Office decision as to whether the family can return to Albania, but it is my professional opinion that if they were to return there, that will place the children and EI at risk of significant harm, and generally be detrimental to their welfare and well-being.

 

133.                        A short-term Children In Need plan was recommended for although the assessment did not identify any safeguarding concerns for the care of the children in the UK, there were concerns about the impact should the Home Office decide that they were to be returned to Albania. A short-term Children in Need plan was required to ensure that appropriate support was in place while the family were awaiting the decision.

134.                        A letter from Streetwise dated 5 November 2022 informs that II was referred to them for counselling by student Social Worker, Maria, in July 2022, that II was assessed for counselling on 16 ^th August and that counselling sessions began on 27 October 2022. The letter continues:

 

As II was assessed as being a victim of crime, due to the abuse she has suffered in her childhood from her father, she fits the criteria for Streetwise is additional counselling sessions and carve up to 12 sessions, which will allow for establishing more stability and emotional regulation, as well as to begin some of the trauma processing work.

 

135.                        A later entry dated 8 August 2022 records the conclusion at the care team that Children's Social Care should withdraw as there were no ongoing safeguard concerns. There were safeguard concerns if the family were to be returned to Albania but that these had been raised with the appropriate agencies; police, Mr Latif and the Home Office. A named individual will continue to support the family and EI has contact with a named centre and that the school would offer any support they are able.

136.                        A further letter in the bundle dated 8 March 2023 is written by the family GP and is addressed "To whom it may concern". The letter reads:

 

I write in support of the above named patient (EI) who I have been working with for a number of months at her GP surgery in regards to a mental health and in relation to Social Prescribing needs.

 

Children:

 

Miss II 22/12 2006

Mr BI 04/10/2008

 

EI and her children fled Albania in 2019 in order to escape domestic violence from her husband/their father. The abuse included physical beatings including punches/kicking as well as with objects such as belts, dragging EI by her hair, sexual assault and rape, coercive control, and verbal abuse. Her two children witnessed a lot of this and were also exposed to a degree of abuse from their father including him being verbally abused and shouted out, she reports they were highly fearful of him. The children would plead with their mother for to run away with them in order to escape/seek safety.

 

Since arriving in the UK, they were initially being harassed over the phone/messaging by the perpetrator and his family which they ignored entirely. The children do not wish to have any form of relationship with their father. The perpetrator has threatened EI and her family who remain in Albania for not allowing him contact with the children.

 

The family have appealed the refusal decision from the Home Office on two separate occasions, they were last informed that they will be deported back to Albania where they would need to access women's refuge/domestic abuse support there. They are however absolutely terrified to return as they feel it will only be a matter of time until they are found by the perpetrators and his family/associates. Since they have submitted a fresh claim with the support of their solicitor although they do not have any further evidence they can submit that they have not already shared.

 

The decision has had a huge impact on the family, EI struggles with depression and anxiety as a result of her abuse and her symptoms are further exasperated by the Home Office refusal decision. We have recently further increased her antidepressant medication, citalopram to 40 mg daily. Her daughter also has had difficulties with her mental health and is currently receiving support from her school and the children and Young People's services, Streetwise, following expression of suicidal ideation. Both mum and daughter are working with the West End Women and Girls for support in relation to domestic abuse. The family have engaged with us very well in terms of their healthcare and supported offered, the children are also now settled into local schools.

 

I do hope that the family's circumstances which led them to leave Albania can be seriously considered at court as well as the risk if expected to return to the home country, which they all feel would compromise the risk to their safety.

 

137.                        I have also seen within the bundle a letter dated 18 April 2023 written by the Children and Young Person's Service- Newcastle and Gateshead addressed to the Appellant's GP in relation to II. The letter states II was referred for an initial mental health assessment by Streetwise Counselling Services, which she attended with her mother on 3 April 2023.

138.                        It records that II reported finding it very difficult to talk about her emotions, that she reported that her mood was either 'down, stressed or blank or neutral' and that neutral was what she tried to achieve as when there is an absence of emotion she felt she was better able to mask herself and go 'unnoticed'. II reported that when she is low she is alone or seeks to isolate herself, and explains she has a number of emotions which can feel overwhelming, that she is often angry, not knowing why and 'wanting to scream' although she doesn't.

139.                        The letter refers to EI's anxiety, emotional literacy, sleep, physical health, and diet, before continuing:

 

Self-harm

 

II reports that she has frequently self-harmed by cutting her hands and arms. She reports she has not done this recently (time not specified). She reflects when she is anxious she is likely to hurt herself, she has previously tried to break her own bones.

 

Suicidal ideation

 

II reported intense thoughts of suicide, 'all the time'. II reports that she has tried recently (in the last couple of months) to end her life in many ways, she has run in the road, used a knife, tried to drink acid. This is been going on for a year.

 

II reflects that she had an unhappy childhood, then travelling to the Ku and the ongoing bullying, she reports she feels she wants 'to give up'.

 

Protective factors

 

Mother and brother.

Lots of hobbies - band, singing, design and Manga.

 

140.                        A further letter dated 24 July 2024 written by the same organisation directly to II refers to a face-to-face meeting on 26 June 2024 and sets out the plan of support for her moving forward. The letter records what II told the assessor during the meeting and in relation to the issue of self-harm is written:

 

II, you should add that you have self-harmed in the past, but this is reduced of late. You spoke of experiencing increased thoughts to harm yourself and others harming you. II, you shared that when you are experiencing increased suicidal thoughts you believe this is the only solution, but you do not want to act upon these thoughts. II, you shared that your protective factors are your mum and brother and thinking of these stop you from acting upon these thoughts.

 

141.                        The letter also refers to the fact that II turned 18 in December 2024 and that II needed to think about what support will be available following her 18 ^th birthday. There is a reference to further appointments with the Community Nurse Practitioner to assist II in August and September 2024.

142.                        Another letter dated 24 December 2024 written by the same Community Nurse Practitioner, addressed to II's GP, refers to the final appointment with that service on 20 December 2024 and the fact II had now been discharged from the Children and Young People's Service with the referral having been made to an appropriate Health Group and back to the care of her GP.

 

The Assessment

 

143.                        The presentation of II, as recorded in the reports and correspondence, is completely understandable. Children who witness severe and ongoing parental conflict, such as violence, can display externalising problems such as behavioural difficulties, antisocial behaviour or conduct disorder for example, or internalising problems leading to low self-esteem, depression and anxiety, together with academic problems, physical health problems, and social and interpersonal relationship problems.

144.                        It is probably to EI's credit and the support she has given the children that the effect of what the children experienced in Albania, of which II is being reminded of on the telephone as a result of their father's abusive behaviour and threats, has not led to more difficulties than those recorded, although in terms of II suicidal ideation of self-harm is serious enough.

145.                        The children, according to the evidence, witnessed frequent conflict between the parents which had an impact not only on their mother's but also their mental health.

146.                        A paper published by Humphreys and Horton in 2008 (Prof Cassie Humphreys, Claire Horton, Dr Jane Ellis), who undertook a review of the literature on domestic abuse and its effects on children and young people highlighted a potential inadequacy of the division between direct child abuse and witnessing domestic abuse, and emphasised the importance of understanding witnesses and experiencing domestic abuse as being part of a holistic issue in which children may be more involved in observing from a distance:

 

[T]here are problems which arise from drawing 'false' distinctions between exposure to or witnessing domestic abuse and direct abuse, rather than responding holistically to the child's experience (Edleson et al., 2003; Mullender et al., 2002). Research is now showing that children are involved in a myriad of ways when they live with domestic abuse. For instance, they may be used as hostages (Ganley and Schechter, 1996); they may be in their mother's arms when an assault occurs (Mullender et al., 2002); they may be involved in defending their mothers (Edleson et al., 2003). Stanley and Goddard (1993) and Kotch (2006) also refer to violence within the community of people surrounding the family which may also instil fear and may contribute directly to the abuse of the child and the impact on well-being. Irwin et al., (2006) point out that describing this range of violent experiences as 'witnessing' fails to capture the extent to which children may become embroiled in domestic abuse.

 

147.                        There is also evidence that LI is continuing to use coercive and controlling behaviour against II, giving rise to her fear that if she did not speak to her father on the telephone he would punish her family members who remain in Albania.

148.                        A diagram produced by the Duluth Domestic Abuse Intervention programme to illustrate the various manifestations of power and control in domestic abuse, published in 2017, shows:

 

A circular black and white diagram with text AI-generated content may be incorrect.

 

149.                        The evidence provided by the Appellant clearly shows that a number, if not all, of the above aspects are present in this case.

150.                        In terms of the availability of shelters and support from the NGOs, and in line with the finding in T D and AD, it is possible for a lone woman to live in Tirana, away from El's home area.

151. The dynamics of this case and the impact upon BI, the only remaining child, give rise to the need to consider Section 55 of the Borders, Citizenship and Immigration Act 2009 ('the 2009 Act') which provides, so far as is relevant, that:

"(1) The Secretary of State must make arrangements for ensuring that -

(a) the functions mentioned in subsection (2) are discharged having regard to the need to safeguard and promote the welfare of children who are in the United Kingdom, and

(b) any services provided by another person pursuant to arrangements which are made by the Secretary of State and relate to the discharge of a function mentioned in subsection (2) are provided having regard to that need.

(2) The functions referred to in subsection (1) are -

(a) any function of the Secretary of State in relation to immigration, asylum or nationality;

(b) any function conferred by or by virtue of the Immigration Acts on an immigration officer;

(c) any general customs function of the Secretary of State;

(d) any customs function conferred on a designated customs official.

(3) A person exercising any of those functions must, in exercising the function, have regard to any guidance given to the person by the Secretary of State for the purpose of subsection (1).

[...]

(6) In this section -

"children" means persons who are under the age of 18;

[...]"

 

152.                        There is clear evidence that it is not in the best interests of the BI to be returned to Albania. The Appellant to her credit appears to have encouraged the children to remain in contact with their father on the telephone without disclosing to him where they are. The extent of the subjective fear, which is credible as a consequence of being discovered if the family are returned to Albania, will have real consequences for both the Appellant, II and BI.

153.                        If the Appellant is returned to Albania with the children will she be willing to facilitate ongoing contact if the consequences of that are an increased risk that LI will be able to establish where they are or that they are back in the country?

154.                        If LI is aware that they are back in the country what is likely to be his reaction? The country information describes Albania as a country of a similar size to Wales. Thus, although the Appellant may be initially be able to access assistance it is clear that is time-limited after which she will have to find accommodation, work, BI will be entitled to continue with his education, and II as an adult will have to find her own way was in the job market or university in Albania.

155.                        The likelihood is that although there is a sufficiency of protection, if LI becomes aware that the Appellant has returned, he is likely to extract his revenge by inflicting harm upon her, even possibly killing her in light of the threats that he has made as recorded in the transcript below.

156.                        However, there is also a more nuanced concern in relation to return in that if the Appellant's own mental health regresses as a result of being returned, which the evidence clearly shows it will, what impact will that have on the children who clearly themselves have a fear of their father's reaction.

157.                        In the UK where there is clearly a sufficiency of protection for victims of domestic violence there are regular reports in the newspapers and television of individuals being harmed and killed by spouses or former partners, even if they have obtained protection through the courts and the police are aware of their concerns.

158.                        The Secretary of State's argument is to suggest that there are sufficient resources to deal with mental health problems in Albania. Miss Young relied upon the CPIN: Mental Health Care, Albania, January 2025.

159.                        That shows that treatment is available for anxiety and PTSD, depression, chronic psychotic disorder including schizophrenia, and in relation to the risk of suicide, and states:

 

4.5.1 According to WHO data, in 2019 Albania had a suicide rate of 4.3 per 100,000 population. ^{[footnote 52]   [footnote 53]}  For context, the UK had a suicide rate of 7.9 per 100,000 in the same period. ^{[footnote 54]}

4.5.2 It was observed in the Mental Health Plan 2023-2026 that the mortality rate from suicides in Albania in 2018 was significantly below the European average. ^{[footnote 55]}

4.5.3 MedCOI reported in January 2020 that the University Medical Centre of Tirana 'Mother Teresa' was prepared and equiped for Crisis Intervention in case of a suicide attempt ^{[footnote 56]} .

 

160.                        Although II is an adult any treatments she may require within Albania will come within the Child and Adolescent Psychiatry Service which is the only service with beds that provide psychiatric services for children and adolescents, for an age range from 2 to 20 years. There is reference to treatment being available at UMC 'Mother Teresa' which includes outpatient treatment and follow-up by paediatric psychiatrist, inpatient treatment by paediatric psychiatrist, inpatient treatment by a child psychologist, outpatient treatment and follow-up by a child psychologist, access to special schooling if required, home assistance/care at home by a nurse.

161.                        A point made by Ms Cleghorn is that if the Appellant applied to court for a Protection Order her husband would be served with any emergency order granted, meaning he will become aware that she had returned to Albania. LI is therefore likely to know that the children are also with their mother and seek to exercise his right of access to the children as their father.

 

Conclusion

 

162.                        The arguments and submissions made by the advocates demonstrated that both have credible arguments in support of their respective cases.

163.                        I find that if LI discovers that EI has returned to Albania with the children, that she will face a real risk of further domestic violence which could result in her being killed in accordance with threats that have already been made.

164.                        I find in accordance with the procedure for obtaining a Protection Order in Albania, that if EI was to seek such an order on an interim basis LI will be served with any order made without him having notice of the same, to give him a chance to respond, instantly alerting him to the fact that EI has returned to Albania.

165.                        I find that any risk that will arise will give rise to a risk of serious harm.

166.                        I find EI has not established that she comes within the definition of a PSG in respect of which she will face a real risk of persecution for that Convention reason, for the reasons set out above.

167.                        If EI cannot satisfy the Refugee Convention but faces a real risk of serious harm, as she does, she is entitled to a grant of Humanitarian Protection, although EI is not entitled to such a grant if it is established that there is a sufficiency of protection and internal flight option available to her.

168.                        I have found there is a sufficiency of protection from the Albanian authorities, based upon the evidence considered in the round, in light of the situation at the date of hearing and date of this determination, which is different from that the EI will have faced at the time she left Albania.

169.                        I find, however, that even though there is a sufficiency of protection from the authorities the fact EI faces a real risk of harm from her husband in her home area means that she cannot return there and will be required to internally relocate.

170.                        I have found that EI should be able to benefit from the protection of the shelters and support from NGOs on return in accordance with the country information.

171.                        Thus, the question is in terms of what happens when EI leaves the shelters. This is where other issues arise as she will not have this support of her own family who have failed to protect in the past and to whom she cannot return as they live in the same area as her husband.

172.                        Thus, EI will be required to work to support the family although II as an adult could also work. Although there may not be a great deal of money it has not been made out that the family will fall into destitution or be unable to secure appropriate accommodation and employment, especially with the support available to her on return. Such support according to the country information also include psychiatric and psychological assessment where required.

173.                        However, I find a strong factor in relation to the reasonableness of internal relocation is the best interests of the child BI, in addition to whether it is reasonable to expect EI and II to return to Albania in light of the full facts and history of this case.

174.                        The evidence proves that EI's subjective fear is objectively well-founded. The material indicates that her own mental health and welfare are likely to deteriorate as they have in the past when the Secretary of State refused her claim for international protection, as recorded in the evidence.

175.                        EI's primary concern is the protection of the welfare of her children which will impose a further greater stress upon her if she believes that their welfare and personal safety is at risk on return to Albania.

176.                        It is not made out EI is likely to commit suicide in the UK as the strength of her feelings for her children are too great. The concern is of the impact upon her if as a result of her distress her mental health deteriorates to the point where she cannot function and is unable to play the role that she has as a parent caring for the children. Allied to this are the concerns for II who has clearly been affected by what she has seen in Albania and what she has experienced from her a father in the UK, raising serious questions of what will be the effect upon her if she witnesses her mother deteriorating as a result of her mother's fear of harm coming to the fore.

177.                        I find in light of the credible consequences of returning EI, II and BI to Albania, that it has been established that it is not reasonable in all the circumstances to expect them to relocate to Tirana as a family unit, or individually.

178.                        I therefore find on the specific facts of this appeal, and in light of the evidence provided, this it has not been made out that it is reasonable for this family unit to internally relocate within Albania. On that basis the appeal must succeed.

Notice of Decision

 

179.                        Appeal allowed.

 

C J Hanson

 

Judge of the Upper Tribunal

Immigration and Asylum Chamber

 

 

18 March 2025

 

ANNEX A

 

Copy of English translation of conversation said to have occurred on the telephone involving I, the Appellant, and her husband in Albania. Said to have occurred on 13 July 2021. Translation taken from video recording of the telephone conversation taken by the Appellant.

 

Female: Get out. ( Softly)

 

Male: Get out, who?

 

Male: Who are you talking to, me?

 

Female: No, not you.

 

Male: It is been a month father's been calling you... You don't want to see anyone

 

Female: I see.

 

Man: Therefore, from the moment that I call you and you don't answer, I issued this ultimatum: to return to Albania currently. If that mother of yours does not return to Albania, then my father will act. There are other people here, they will deal with them all, wipe them all out. Remember well what I'm saying.

 

Female: What is it?

 

Male: Where are you, bitch?

 

Female: What is your problem? What is your problem, man? Why are you causing psychological harassment to children?

 

Male: Where are you, owl? Where are you? Mother fucker.... (Note from interpreter: 'owl, is an offensive/pejorative term in Albania).

 

Female: It's okay, I'm an owl, I'm here, here I am.

 

Male: Ah, mother fucker, you bitch, you destroyed my family, you whore.

 

Female: What is your problem that you don't answer your children's calls? What is your problem, what's your problem?

 

Male: You say I don't want to, but where are my children?

 

Female: They are here, but the way you speak to them, it's normal they get frightened.

 

Male: It is been a month since I haven't spoken with my children.

 

Female: But you haven't answered the phone, they have called you, you haven't responded. Afterwards, the children are at school. Yes, maybe you have called them when they are at school, yes.

 

Male: I know how I should act with you, but....

 

Female: Eh, of course, as you haven't got the chance to drag me by the ear.

 

Male: Whore, motherfucker ( raising his voice)

 

Female: Yes, you are, sure.

 

Male: I'll kill you and will serve 30 years in prison for it.

 

Female: Yes, you do that, 30 years or 100 years in prison, do whatever you want, I'm not interested at all, I'm only interested in my children, I live for them, I live for them.

 

Male: As for the children, you will not enjoy them, remember what I'm saying to you.

 

Female: I'm going to enjoy them, as God has gifted them to me.

 

Male: Ay, dirty bitch. You are not going to enjoy my children, as they are mine, not yours, eh motherfucker? You know very well what I can do to you, you know very well, as I will leave you in one foot. (Note from interpreter: this is another way of saying 'I will maim you' in Albanian.)

 

Female: I know that very well, that's why I run away from you.

 

Male: That day will come very soon, very soon.

 

Female: Hopefully, the day will arrive. Hopefully today will arrive, it doesn't matter. It doesn't matter that it will come. ( Short pause) just speak normal, speak like everyone else speaks.

 

Male: Where are you, where have you been, it has been two and a half years since you haven't contacted me

 

Female: I do not even think about it, I don't even think about you I will never think about the way you behave, never will I even think about it. But speak at least a bit normally, as it's not fair on the children, as they have had enough of depression, never mind me.

 

Male: Who has suffered depression? Who has suffered depression?

 

Female: Depressed because of you, all you keep saying is: "I will kill your mother, I will do your mother in".

 

Male: Hey, hey, you don't even know what it means. Hey, you are just a lost Highlander, as you do not know what the word "depressed" means. (Note from interpreter: this means an ignorant person - a dismissive way of describing someone as an individual as well as being used is a word to imply inferiority).

 

Female: Okay, then.

 

Male: Do you understand that I opened your eyes, I gave you a life, as you are a snotty, unwashed woman ....

 

Female: Okay, then. Okay, whatever you say. But speak nicely to the children at least. As for me, when you come over we sort it out then.

 

Male: I do not want to come at all, because from the moment that you are set on destroying the family, it is me who is going to end up picking up the pieces.

 

Female: Okay, then you put them together, you put all the pieces back together.

 

Male: And don't even think that you are going to be able to say anything. Remember what I'm going to do to you, I'm going to make your life hell.

 

Female: Well, just you, and make it hell. I just feel sorry for the children, but as for myself, I don't think about myself at all.

 

Male: If you are thinking about the children, if you were sorry for the children, you would have kept the family together. But you are a hotel prostitute.

 

Female: Oh, get lost man, get lost, not at all, I'm proud of myself, as anyone should be.

 

Male: Like mother, like daughter ...

 

Female: My mother is proud of her children.

 

Male: I have no reason to take things. What a source of pride to have a child like you .... 16 years, after all my own efforts, you took my two children and you are gone. This is what a whore does, this is what whores do, whores are not the ones who fuck around, this is being a whore.