KB (mixed ethnicity, Roma/Albanian) Kosovo CG  UKIAT 00013
Date of hearing: 09.04.03
Date Determination notified: 17.06.03
|Secretary of State for the Home Department||RESPONDENT|
Miss S Watkinson (counsel instructed by Heer Manak) for the appellant
Mr I Graham for the respondent
This is an appeal from a decision of an adjudicator (Mr HO Forrester), sitting at Birmingham on 5 November 2002, dismissing an asylum and human rights appeal by someone who claimed to be a half-Gypsy, half-Albanian citizen of Kosovo. Leave was given on the basis of the adjudicator's approach to the "protection test".
Ethnic identification as Roma, Ashkaelia or Egyptian is not necessarily determined by easily discernible or distinct characteristics or cultural traits, but rather by a process of self-identification. It is not uncommon in Kosovo for individuals to change their ethnic self-identification depending on the pressures of local circumstances, especially when it is necessary in order to distance themselves from other groups to avoid negative associations. In general, however, ethnic Roma clearly identify themselves as Roma and tend to use Romany as their mother tongue, although a large percentage of the Roma population can speak Serbian (and to a lesser extent Albanian) languages.
RAE continue to experience adverse living conditions due to historical patterns of discrimination, ostracism and marginalisation.  Large numbers of Roma are still living in collective centres or IDP camps in poor conditions. The fact that they choose to stay in these centres suggests that they remain concerned about the security situation in their areas of origin or do not have adequate possibilities for accommodation there. One of the main obstacles to return is the lack of adequate reconstruction assistance for repairing their damaged property. [18b] [67a] [67b]
John Freeman (chairman)