ZS (IFA-Women) Algeria CG  UKIAT 00211
Date of hearing: 23 January 2004
Date Determination notified: 13 February 2004
|Secretary of State for the Home Department||RESPONDENT|
"… far more likely to have been an abuse of their authority for private reasons of his own than any concerted campaign against her Refugee Convention reasons. He had been harassing her and pestering her for sexual favours which she refused to offer him. I do not find that the treatment he received was motivated by a desire to discriminate against her on grounds of her ethnicity. I also note that she was a civil servant. She faced some discrimination because of her Berber ethnicity but this did not amount to persecution. Her account of events relating to the blow she received to her head and ear is supported by the short medical report provided by St Mary's Hospital."
"Having accepted the appellant's account of events I have to ask myself how she would be likely to be treated if returned to Algeria. It is clear that she has no connection with any terrorist groupings and no action was taken against her in this regard. I do not accept that there is any evidence that being a Berber is enough to hold a well-founded fear of persecution. I accept the reasoning of the respondent in this regard at paragraphs 6 to 12 of the refusal letter".
We pause there to point out most fairly Ms Sheehan clarified to us that it was not part of her submissions to the Tribunal that the Adjudicator erred in terms of his findings in relation to the appellant's ethnicity.
"I find that if she were again faced with such adverse and hostile acts by the police she could complain to a higher authority and her complaint would be taken seriously. The fact that such complaints are received and acted upon even in the desperate general state of Algeria today is apparent from paragraphs 6.16 to 6.20 of the CIP Report… I have found that hostile acts upon her by the police were for personal reasons not for her actual or imputed political opinion. I see nothing in her evidence or in the objective material to enable me to say that matters would be different if she were returned to Algeria today".
N H Goldstein