IM (Risk-Objective Evidence-Homosexuals)
| Jurisdiction | England & Wales |
| Judge | J Barnes |
| Judgment Date | 18 September 2003 |
| Neutral Citation | [2003] UKIAT 67 |
| Court | Immigration Appeals Tribunal |
| Date | 18 September 2003 |
[2003] UKIAT 67
IMMIGRATION APPEAL TRIBUNAL
Mr J Barnes
Mr M L James
For the Appellant: Mr J Reynolds of Counsel instructed by Duncan Lewis & Co, Solicitors
For the Respondent: Mr J McGirr, Home Office Presenting Officer
IM (Risk-Objective Evidence-Homosexuals) Albania CG
The Appellant is a citizen of Albania born on 1 November 1980 who arrived in the United Kingdom on 7 August 2002 and claimed asylum on arrival. After submitting a Self-Evidence Form and further representations his application was refused by the Secretary of State for the reasons contained in a letter dated 14 August 2002. On 15 August 2002 the Secretary of State issued directions for his removal to Albania after refusal of leave to enter following refusal of his asylum application. He appealed against that decision on both asylum and human rights grounds and his appeal was heard on 7 October 2002 by an Adjudicator, Mr J K H Rintoul, who broadly accepted the credibility of the Appellant's account and that on that basis he would have a well-founded fear of persecution in his home area near Kukes in north-east Albania, but dismissed the appeal on the basis that it would not be unreasonable for him to relocate to another part of the country where he would be safe from the localised threat which faced him. The Appellant now appeals against that decision to us with leave.
The basis of the Appellant's claim is that he is a homosexual who in 1998 was discovered in a relationship with a fellow Albanian at his partner's home. This resulted in the Appellant being reported by his partner's family to his own family, who severely beat him and kept him confined to the house for a short period. When he promised that he would not continue the relationship he was allowed out but he did meet his partner again and they continued in a relationship until 2002, when he was again discovered with his partner by his family. On this occasion he was again beaten and he was locked up in his family home for a period of some five months during which he says that he promised to leave and never return again if they would let him go, but was told that he had broken a similar promise before. He remained in close confinement in his family home until his mother, fearing for his life at the hands of his father and uncle, let him out and gave him some money, saying that he should go and never return. This occurred in late July 2002 and the Appellant then went to Tirana but left on the same night travelling to Italy and thence through Europe to the United Kingdom. As we say, in broad terms the Adjudicator accepted that account and he made certain findings in relation to the situation of homosexuals in Albania. He said this about the country background evidence at paragraphs 9.2 and 9.3 of his determination:
“9.2 I note from the background documentation that although it is no longer illegal there is a considerable amount of societal discrimination if not outright hostility towards homosexuals in Albania. This can be seen from the Amnesty International report ad (sic) page D58 of this Appellant's bundle. I also find that this shows a degree of unwillingness on the part of the authorities to investigate attacks against homosexuals.
9.3 As regards the police force in Albania, I note that at paragraph 4.24 of the CIPU Report that one of the most serious problems involving public order an (sic) internal security is that the police officers are largely untrained, ill-paid and often unreliable. While I note that, according to the same Report, police officers have received training on gender issues and human rights in general, the Council of Europe found that excessive use of force and ill-treatment by law enforcement officials continued to be a widespread problem.”
Presumably on the basis of those findings he subsequently said this at paragraphs 9.18 and 9.19 of his determination:
“9.18 Each appeal has to be determined on its own facts. I have therefore to consider whether any general sufficiency of protection is available to the Appellant on the specific facts of this appeal. I find that there is no willingness on the part of the police or the courts in Albania to detect, prosecute or punish those who attack homosexuals. I find that this is linked to a strong societal disapproval of homosexuals in Albania.
9.19 I also find that there is a substantial risk of the police ill-treating the Appellant on account of his homosexuality if he explained to them that this was the reason for any attack on him.”
We have to say that those general findings are in our view wholly unsustainable on the evidence before the Adjudicator. At...
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