Lesbian couple win asylum claim because Albania is ‘homophobic'
An Albanian lesbian couple have won an asylum claim to stay in Britain after successfully arguing that people in their home country are homophobic.
Lawyers representing the women, who said they had been targeted after being spotted kissing on the street, said that although being gay was no longer illegal in the Balkan state the 'populace' of the country is still 'patriarchal, conservative and male-dominated'.
The Home Office argued that what happened to the women in their home towns should 'not be a reflection of what the whole of Albania looks like' as even in 'tolerant' countries like the UK, there are hate crimes.
But this argument was rejected by a judge who has now ruled the women can stay on human rights grounds, as they are 'at risk of potential discrimination' if they go back.
The case, disclosed in court papers, is the latest example exposed by The Telegraph where failed asylum seekers or convicted foreign criminals have attempted to halt their deportations, often by claiming breaches of their human rights.
There are a record 41,987 outstanding immigration appeals, largely on human rights grounds, which threaten to hamper Labour's efforts to fast-track removal of illegal migrants.
The upper immigration tribunal heard that the lesbian couple were also considered trafficking victims because they had been 'abducted by masked men in their home town, sexually assaulted by multiple men and subjected to physical and verbal abuse on account of their sexual orientation '.
The women said that this happened after they were 'observed kissing by their traffickers which resulted in them being captured and detained and assaulted'. Lawyers representing the couple said while their relationship 'is not outlawed', it is 'the view of the populace that is important'.
The lawyers argued that there was a 'causal link' between their sexual orientation and their relationship, and the fact that they were trafficked. It was said that victims of trafficking in Albania are 'blamed and stigmatised' which may hinder their chances of finding employment.
They said the women had 'no confidence' in the system which exists in the country and 'it is difficult to see how they could be safely returned to Albania '. The lawyers said that while the women were 'highly qualified' and 'educated', they have no connection to their families and are at risk of suicide as a result of what they experienced in Albania.
But, lawyers representing the Home Office argued that it is 'not against the law in Albania to be gay and there are measures to protect individuals who belong to these communities to reach out to the police'.
They said the women 'are able to work, have some form of education and can mitigate being trafficked as support and medication would be there for them'.
Deputy Upper Tribunal Judge Rebecca Chapman referred to Albanian country policy information which said it is a 'patriarchal, conservative society in which homophobic attitudes still exist, particularly in rural areas'.
It was said that members of the LGBT+ community face difficulties accessing education, employment, housing, healthcare and goods and services due to 'prevailing negative attitudes' in society.
Upholding their asylum claim, the judge said the women could not be expected to relocate elsewhere in Albania as it is a small country which is 'slightly larger than Wales with a population of only 2.8-3 million people'.
Judge Chapman said: 'Considering all the factors holistically I find that there is a real risk that the [women] would be subjected to discriminatory measures on account of being former victims of trafficking and lesbians in a same-sex relationship. I find that they would be at risk of potential discrimination by both state and non-state actors.'
The judge continued: 'I find that the [women] would be at risk of persecution from the same men who subjected them to previous persecution on the basis of their sexual orientation if they returned to their home area.
'Both [women] are from the same area of Shkoder in Northern Albania, which is a part of the country with traditional, patriarchal views. They remain young women.
'I find the fact that they are in a same-sex relationship would potentially exacerbate the risk of persecution for that reason.'
Homosexual activity was decriminalised in Albania in 1995. In 2010, Albania adopted a non-discrimination law that prohibits discrimination based on sexual orientation and gender identity.
While same-sex relationships are legal, same-sex marriage or civil unions are not recognised in Albania.
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