Title	ES (s82 NIA 2002; negative NRM) Albania [2018] UKUT 00335 (IAC)
Publisher	United Kingdom: Upper Tribunal (Immigration and Asylum Chamber)
Publication Date	29 October 2018
Country	Albania | United Kingdom of Great Britain and Northern Ireland
Topics	Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) | Social group persecution | Standard of proof | Trafficking in persons
Cite as	ES (s82 NIA 2002; negative NRM) Albania [2018] UKUT 00335 (IAC), United Kingdom: Upper Tribunal (Immigration and Asylum Chamber), 29 October 2018, available at: https://www.refworld.org/cases,GBR_UTIAC,5bd6f4684.html [accessed 26 October 2019]
Comments	1. Following the amendment to s 82 of the Nationality, Immigration and Asylum Act 2002 ('the 2002 Act'), effective from 20 October 2014, a previous decision made by the Competent Authority within the National Referral Mechanism (made on the balance of probabilities) is not of primary relevance to the determination of an asylum appeal, despite the decisions of the Court of Appeal in AS (Afghanistan) v SSHD [2013] EWCA Civ 1469 and SSHD v MS (Pakistan) [2018] EWCA Civ 594. 2. The correct approach to determining whether a person claiming to be a victim of trafficking is entitled to asylum is to consider all the evidence in the round as at the date of hearing, applying the lower standard of proof. 3. Since 20 October 2014, there is also no right of appeal on the basis that a decision is not in accordance with the law and the grounds of appeal are limited to those set out in the amended s 82 of the 2002 Act.
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