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Albania: Instruction on Procedures for Handling Foreigners Irregularly Staying in the Territory of the Republic of Albania

12 September 2022 | Publisher: National Legislative Bodies / National Authorities | Document type: National Decrees, Circulars, Regulation, Policy Documents

Berdica (Deprivation of citizenship: consideration) Albania [2022] UKUT 00276 (IAC)

1. In deprivation of citizenship appeals, consideration is to be given both to the sustainability of the original decision and also whether upon considering subsequent evidence the Secretary of State's maintenance of her decision up to and including the hearing of the appeal is also sustainable. The latter requires an appellant to establish that the Secretary of State could not now take the same view. 2. Decisions of the Upper Tribunal are binding on the First-tier Tribunal, not only in the individual case by virtue of section 12 of the Tribunal, Courts and Enforcement Act 2007, but also as a matter of precedent.

28 June 2022 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Citizenship / Nationality law - Withdrawal of nationality | Countries: Albania - United Kingdom of Great Britain and Northern Ireland

#IBelong Campaign Update, October – December 2021

1 February 2022 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Thematic Reports

UNHCR Comments for the Parliament of the Republic of Albania on the Draft Law on Aliens

March 2021 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

Albania: Law No. 10/2021 on Asylum in the Republic of Albania

1 February 2021 | Publisher: National Legislative Bodies / National Authorities | Document type: National Legislation

Campaign Update, July 2020 - September 2020

14 October 2020 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Country News

Albania: LAW No. 113/2020 ON CITIZENSHIP

29 July 2020 | Publisher: National Legislative Bodies / National Authorities | Document type: National Legislation

High-Level Segment on Statelessness: Results and Highlights

May 2020 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Thematic Reports

BC & Ors -v- International Protection Appeals Tribunal and the Minister for Justice & Equality

14 November 2019 | Judicial Body: Ireland: High Court | Document type: Case Law | Topic(s): Effective remedy - Safe country of origin - Safe third country - Secondary movement | Countries: Albania - Ireland

DC (trafficking: protection/human rights appeals) Albania [2019] UKUT 00351 (IAC)

In the light of the judgment of Flaux LJ in Secretary of State for the Home Department v MS (Pakistan) [2018] EWCA Civ 594 and subsequent decisions of the Upper Tribunal and Administrative Court, a tribunal deciding a protection or human rights appeal, which concerns alleged trafficking within the scope of the Council of Europe Convention on Action against Trafficking in Human Beings and decisions of the Competent Authority (CA) under the United Kingdom’s National Referral Mechanism, should proceed as follows: (a) In a protection appeal, the “reasonable grounds” or “conclusive grounds” decision of the CA will be part of the evidence that the tribunal will have to assess in reaching its decision on that appeal, giving the CA’s decision such weight as is due, bearing in mind that the standard of proof applied by the CA in a “conclusive grounds” decision was the balance of probabilities. (b) In a human rights appeal, a finding by the tribunal that the CA has failed to reach a rational decision on whether the appellant has been the victim of trafficking, such as to be eligible for leave to remain in the United Kingdom for that reason alone, may lead the tribunal to allow the human rights appeal, on the basis that removing the appellant at this stage would be a disproportionate interference with the appellant’s Article 8 ECHR rights. This scenario is, however, of narrow ambit and is unlikely to be much encountered in practice. (c) In a human rights appeal, the question whether the appellant has been the victim of trafficking may be relevant to the issue of whether the appellant’s removal would breach the ECHR, even where it is not asserted there is a trafficking-related risk of harm in the country of proposed return and irrespective of what is said in sub-paragraph (b) above: e.g. where the fact of trafficking may have caused the appellant physical or psychological harm. Here, as in sub-paragraph (a) above, the CA’s decision on past trafficking will be part of the evidence to be assessed by the tribunal.

13 November 2019 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Standard of proof - Trafficking in persons | Countries: Albania - United Kingdom of Great Britain and Northern Ireland

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