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Adjudication of asylum claims (refugee status determination / asylum procedures) / Social group persecution

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ES (s82 NIA 2002; negative NRM) Albania [2018] UKUT 00335 (IAC)

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.

29 October 2018 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Social group persecution - Standard of proof - Trafficking in persons | Countries: Albania - United Kingdom of Great Britain and Northern Ireland

Country Policy and Information Note Albania: People trafficking

June 2018 | Publisher: United Kingdom: Home Office | Document type: Country Reports

Country Information and Guidance - Albania: Female victims of trafficking

27 July 2016 | Publisher: United Kingdom: Home Office | Document type: Country Reports

RRT Case No. 1212489

2 August 2013 | Judicial Body: Australia: Refugee Review Tribunal | Document type: Case Law | Topic(s): Complementary forms of protection - Corruption - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Police - Social group persecution | Countries: Albania - Australia

EH (blood feuds) Albania v. Secretary of State for the Home Department

15 October 2012 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Blood feuds - Social group persecution | Countries: Albania - United Kingdom of Great Britain and Northern Ireland

Cece v. Holder, Attorney General

Court granted review of denial of application on the grounds that membership in a particular social group (young Albanian women in danger of being trafficked for prostitution) had not been established. Previously review was denied (see attachment).

31 May 2012 | Judicial Body: United States Court of Appeals for the Seventh Circuit | Document type: Case Law | Topic(s): Prostitution / Commercial sex work - Social group persecution - Trafficking in persons | Countries: Albania - United States of America

Décision No. 11016512 et 11016511, 20 avril 2012, Cour Nationale du Droit d'Asile

20 April 2012 | Judicial Body: France: Cour nationale du droit d'asile | Document type: Case Law | Topic(s): Blood feuds - HIV and AIDS - Social group persecution | Countries: Albania - France

Demiraj and Another v. Holder, U.S. Attorney General

Petitions for Review of Orders of the Board of Immigration Appeals.

11 January 2011 | Judicial Body: United States Court of Appeals for the Eleventh Circuit | Document type: Case Law | Topic(s): Abduction - Blood feuds - Convention against Torture (CAT) - Freedom from torture, inhuman and degrading treatment - Non-refoulement - Non-state agents of persecution - Persecution of family members - Social group persecution | Countries: Albania - United States of America

RRT Case No. 1004365

2 September 2010 | Judicial Body: Australia: Refugee Review Tribunal | Document type: Case Law | Topic(s): Gender-based persecution - Grounds for persecution - Mental health - Multiple nationality - Non-state agents of persecution - Safe third country - Sexual and gender-based violence (SGBV) - Social group persecution - State protection - Women-at-risk | Countries: Albania

RRT Case No. 0908334

30 March 2010 | Judicial Body: Australia: Refugee Review Tribunal | Document type: Case Law | Topic(s): Blood feuds - Catholic - Country of origin information (COI) - Customary law - Non-state agents of persecution - Religious persecution (including forced conversion) - Social group persecution - State protection | Countries: Albania - Australia

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