R THAQI v Secretary of State for the Home Department
| Jurisdiction | England & Wales |
| Judge | MR JUSTICE COLLINS |
| Judgment Date | 07 November 2006 |
| Neutral Citation | [2006] EWHC 3225 (Admin) |
| Court | Queen's Bench Division (Administrative Court) |
| Date | 07 November 2006 |
| Docket Number | CO/3021/2006 |
[2006] EWHC 3225 (Admin)
IN THE HIGH COURT OF JUSTICE
THE ADMINISTRATIVE COURT
QUEEN'S BENCH DIVISION
Mr Justice Collins
CO/3021/2006
MR S SINGH JUSS (instructed by Riaz Khan & Co) appeared on behalf of the CLAIMANT
MISS L BUSCH (instructed by the Treasury Solicitor) appeared on behalf of the DEFENDANT
The claimant in this case is an Ashkali from Kosovo. He married a lady some 17 years ago who was not of his ethnicity and that was concealed from her, it seems, for some three years and from her family until 2002, when they discovered that he was in fact not Albanian but an Ashkali. The reaction by his wife's brothers was to attack him, beat him up and take his wife and children away from him. He did not report this attack to the police because he said that he had been threatened by the brothers with death if he did. They were living in a place, according to him, called the "Ashkali neighbourhood" and the brothers found out his ethnicity by asking around, as he put it.
He eventually left the country and this followed an attack on him for something quite independent. The family was in the wrong place at the wrong time when someone had been found in possession of a weapon and the result was that he was attacked by the police and his arm was broken. But that seems to have been, as I say, a totally random event when he happened to be in the wrong place. He arrived in this country in August 2003. He managed to contact his wife and she arrived here a year later in August 2004 with the children. His fear is that if he is returned to Kosovo his wife's brothers will again find him and this time are likely to kill him.
The Secretary of State, on receiving this claim, was obliged to approach it on the basis that Serbia and Montenegro is a state listed in section 94(4) of the 2002 Act and so in general it is a country in which there is no real risk of persecution. I am bound to say that I find that somewhat extraordinary, particularly having regard to the ample evidence that at least Roma and Ashkali are regularly discriminated against and frequently attacked. Be that as it may, I have to approach the matter on the basis that section 94(4) applies, which means that the Secretary of State is obliged to certify the claim as clearly unfounded unless he is satisfied that it is not clearly...
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