QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
B e f o r e :
|THE QUEEN ON THE APPLICATION OF IMRANE HYSENI AND AJVAZ HASANI||(CLAIMANTS)|
|SECRETARY OF STATE FOR THE HOME DEPARTMENT||(DEFENDANT)|
Smith Bernal Wordwave Limited
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
MR J P WAITE (instructed by the Treasury Solicitor) appeared on behalf of the DEFENDANT
Crown Copyright ©
"I cannot, even were these accounts entirely credible, assess the first named appellant as having been persecuted or suffered Article 3 treatment in the past in relation to these claims."
"I reject, however, that there was a causal link between the rape incident and the first and second appellants' departure from Kosovo 4/5 years after the rape incident."
"It remains the position of UNMIK that persons suffering from and undergoing treatment for PTSD should not be forcibly returned to Kosovo."
"The largest NGO, the Kosovo Rehabilitation Centre for Torture Victims (KRCT), is active in seven locations across Kosovo, each serving regions with a population of some 300,000 people. However, it remains poorly staffed. Overall, the staff consists of 4 part-time psychiatrists and one part-time psychologist serving each region once a week. The Centre for Stress Management and Education (CSME), another NGO, can also make only a limited contribution to the treatment of PTSD because it has only one part-time psychologist that it shares with KRCT."
"We further ask that no-one with an illness or injury that is untreatable in Kosovo should be forcibly returned until such time as the need for treatment has ended."
"It remains the position of UNMIK that persons suffering from and undergoing treatment for PTSD should not be forcibly removed to Kosovo."
"Where an asylum applicant has previously been refused asylum during his stay in the United Kingdom, the Secretary of State will determine whether any further representations should be treated as a fresh application for asylum. The Secretary of State will treat representations as a fresh application for asylum if the claim advanced in the representations is sufficiently different from the earlier claim that there is a realistic prospect that the conditions set out in paragraph 334 will be satisfied. In considering whether to treat the representations as a fresh claim, the Secretary of State will disregard any material which (1) is not significant or (2) is not credible or (3) was available to the applicant at the time when the previous application was refused or when any appeal was determined."
"In my opinion there would be a significant deterioration in Mrs Hyseni's mental health if treatment for her PTSD would be discontinued."