Re: EI (appellant) v Secretary of State for the Home Department (respondent)
Tuesday 25 February 2025
Appeal against the decision of the Upper Tribunal Immigration and Asylum Chamber promulgated on 4 December 2023.
The Appellant is an Albanian national who came to the UK using a counterfeit Italian passport and claimed asylum when she was informed, she would be returned to Nice. She claimed to have a well-founded fear of persecution in Albania on the basis that her husband’s clients would kill her or her children as they believed he/the business owed them money. The respondent refused the application in a decision dated 28 November 2019 not accepting that even if the facts were true, the claim was not based on fear of persecution in Albania because of one of the protected grounds. The First Tier Tribunal allowed the appeal finding her claim credible.
The respondent appealed the decision and at the re hearing the Upper Tribunal found that an error had been made by the FTT and went to re-make the decision by dismissing it. The UT found that the appellant was not a member of a particular social group, internal relocation is an option and she could avail herself to the authorities in Albania.
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