ON APPEAL FROM
Deputy Upper Tribunal Judge Hanbury
UI-2022-005577
B e f o r e :
(Vice-President of the Court of Appeal (Civil Division))
LORD JUSTICE PETER JACKSON
and
LADY JUSTICE WHIPPLE
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EI | Appellant |
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- and - |
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The Secretary of State for the Home Department | Respondent |
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Amanda Jones (instructed by the Treasury Solicitor) for the Respondent
Hearing date: 25 February 2025
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Crown Copyright ©
Lady Justice Whipple:
Introduction
Facts
Legal Framework
Procedural History
Secretary of State's decision
Appeal to the FTT
Appeal to the UT
Grounds of Appeal
i) error of law in the conclusion that the Appellant was not a member of a PSG for the purposes of the Refugee Convention;
ii) error of law in the consideration of whether the Appellant was entitled to humanitarian protection;
iii) error of law in the consideration of risk to the Appellant and her children in light of past events and evidence of enduring risk;
iv) error of law in concluding that there was sufficiency of protection for the Appellant in Albania in light of the state authorities previously being unwilling to protect the Appellant and assessing adequacy of state protection without regard to individual circumstances;
v) error of law in the conclusion that the Appellant could safely relocate internally; and
vi) error of law in the consideration of Article 8 ECHR.
Issues
Risk on Return
State Protection
Internal Relocation
Particular Social Group
Humanitarian Protection
Article 8
Conclusion
Lord Justice Peter Jackson:
Lord Justice Underhill: