Albanian Asylum Claims Toolkit

Breaking the Chains has brought together specialist barristers, solicitors and academics to ensure that children from Albania are granted meaningful protection against the risks of return or further exploitation in the UK.

As part of this initiative we have created and gathered resources that can be used by lawyers representing young Albanian asylum seekers.

The resources focus on country evidence and Home Office guidance, running effective cases, and working with young asylum seekers.

Country Evidence Home Office Guidance

Analysis of the Home Office CIN on Mental Healthcare in Albania: Paper by Dr Micah Neale (2024)Deborah Thackray2025-01-17T10:41:55+00:00

Analysis of the Home Office CIN on Mental Healthcare in Albania: Paper by Dr Micah Neale (2024)

Click here to view the paper: https://miclu.org/analysis-of-the-home-office-cin-on-mental-healthcare-in-albania-version-2-0

This research paper by Dr Micah Anne Neale analyses the Home Office Country Information Note (CIN) on mental healthcare in Albania.

Dr Neale’s analysis is significant because the CIN is frequently relied upon by Home Office decision-makers and Tribunal judges to assess the availability of mental healthcare in Albania.

Assessment of the availability of mental healthcare in Albania may be important in different contexts:

Article 3 medical claims

For example, such assessment is critical where an individual raises an “Article 3 medical” claim based on their mental ill-health and risk of suicide on return.

In that context, decision-makers must assess whether the individual would face a real risk of a serious, rapid and irreversible decline in the state of their mental health resulting in intense suffering, or a significant, meaning substantial, reduction in their life expectancy resulting from a completed act of suicide (MY (Suicide risk after Paposhvili) [2021] UKUT 232 (IAC)).

The individual must “provide strong evidence of the seriousness of the illness including the treatment involved and the consequences of removal of treatment” and “provide sufficient evidence to cast doubt on the availability or accessibility of treatment in the receiving state,” after which the burden shifts to the Respondent to dispel any doubt (THTN v Secretary of State for the Home Department [2023] EWCA Civ 1222 at [43]-[51]).

In Albanian cases, the CIN frequently forms the centrepiece of the Home Office’s position as to the availability of sufficient treatment.

Asylum claims based on risk of trafficking/re-trafficking

Another context in which decision-makers may need to assess the availability of mental health provision is, for example, where an individual raises an asylum claim based on a risk of trafficking or re-trafficking on return. In that context, their state of health, particularly their mental health, is highly relevant to their risk of being re-trafficked. That was established in relation to trafficked women in TD and AD (Trafficked women) CG [2016] UKUT 92 (IAC) at headnote (h).

Country background evidence (from reports cited in current or previous Home Office CPINs) shows that mental health problems also represent a risk factor for trafficking or re-trafficking of men and boys.[1] In this regard, whether an individual can access timely and sufficient mental healthcare on return, such as to lessen their vulnerability to exploitation, is often a salient issue.

Reliance on a flawed CIN

It is not permissible for Tribunal judges simply to take Home Office CPINs/CINs at face value. Such documents “are not themselves evidence but identify the position adopted by a government department,” although they may be “secondary, or even tertiary, sources of information” to the extent that they set out evidence from other sources (Roba (OLF – MB confirmed) Ethiopia CG [2022] UKUT 1 (IAC) at [84]).

It is therefore incumbent both on appellant’s representatives, and on Tribunal judges, critically to examine the CIN and to consider whether it provides sufficient evidence to support the Home Office’s conclusions.

Dr Neale’s research paper reveals significant weaknesses in the CIN: it relies on a paper that appears to have been published in a counterfeit academic journal that isn’t properly peer-reviewed. It also relies on a thesis by a Master’s student, but omits many quotes from that thesis that undermine the Home Office’s case. It also quotes many other sources selectively, and ignores evidence that would have undermined the Home Office’s case.

Other key points identified, taken cumulatively suggest that many Albanians with mental health issues would face serious difficulties funding the mental healthcare they need on return – yet the CIN is typically relied on by the Home Office to dismiss such arguments.

These weaknesses are likely in many cases significantly to undermine the Home Office’s assertion that sufficient mental health treatment is available. This paper is therefore an important resource for lawyers representing vulnerable Albanian asylum-seekers.

[1] Asylos and Asylum Research Centre, “Albania: Trafficked boys and young men,” May 2019, pp 30-31 https://www.asylos.eu/Handlers/Download.ashx?IDMF=b49e66a6-a777-47da-90f7-b2fcc14946fa See also Asylos, “Albania: Trafficking,” 2024, pp 33, 45-46, 149 https://www.asylos.eu/Handlers/Download.ashx?IDMF=7c677570-ca08-4b31-bc48-752e4526bb7b in relation to mental health as a risk factor for trafficking or re-trafficking.

Albanian trafficking and organised crime: Paper by Claudia Neale (May 2024)Miclu Team2024-05-15T09:22:02+01:00

Albanian trafficking and organised crime: Paper by Claudia Neale (May 2024)

A comprehensive review of the most up-to-date sources relating to trafficking, protection and organised crime in Albania.

This guide to using the best evidence has a helpful FAQ-style contents page that will help lawyers address relevant points in asylum claims that are based on a fear of trafficking or re-trafficking in Albania.

Written by Claudia Neale of Garden Court Chambers and Micah Neale, freelance researcher.

Click here to view the paper.

Albanian trafficked boys and young men: A review of the February 2023 CPIN – Papers by David Neale (February 2023)Deborah Thackray2024-05-13T17:46:27+01:00

Albanian trafficked boys and young men: A review of the February 2023 CPIN – Papers by David Neale (February 2023)

A review and critique of the updated Country Policy and Information Note (CPIN) on human trafficking in Albania which was published in February 2023.

The government’s new guidance on trafficking in Albania that was published in December 2022, unlike its predecessor, newly asserted that asylum claims by trafficked men and boys are likely to be certifiable as “clearly unfounded” under section 94 of the Nationality, Immigration and Asylum Act 2002. David Neale of Garden Court Chambers carefully reviewed the evidence referenced in the CPIN and related Fact Finding Mission, and found this claim to be wrong and unsupported by the remainder of the CPIN, finishing with recommendations for lawyers preparing such cases.

The CPIN was updated by the Home Office in February 2023 with some additional information addressing the support available in Albania for victims of trafficking. David Neale has critiqued this updated version in an addendum to his original review. He concludes that “trafficked boys and men who exhibit some or all of the TD and AD risk factors are likely to be at risk of re-trafficking in Albania, and will not be adequately protected by the Albanian state. Claims by trafficked men and boys are not suitable for certification as clearly unfounded.”

These papers are crucial reading for any lawyers representing Albanian boys and young men.

Click here to view the main review of the December 2022 CPIN.

Click here to view the addendum review of the February 2023 update to the December 2022 CPIN.

Albanian blood feuds: Yet another unconvincing CPIN – Paper by David Neale (February 2023)Deborah Thackray2024-05-13T17:46:46+01:00

Albanian blood feuds: Yet another unconvincing CPIN – Paper by David Neale (February 2023)

In September 2022 David Neale reviewed a new Country Policy and Information Note (CPIN) on blood feuds in Albania which was published in September 2022. He found that the evidence in the September 2022 CPIN is “plainly insufficient to justify a departure from EH.”

The Home Office have since published a new CPIN based on the evidence in a Fact Finding Mission (FFM) published online in January 2023. The new CPIN similarly argues for a departure from EH. David Neale has completed a detailed review of the new CPIN and its reliance on the accompanying FFM, and finds that the evidence is still insufficient to justify such a departure.

David finds: “The new CPIN presents a partisan and inaccurate picture of the risks from blood feud in Albania. Its claim that the Albanian authorities now provide a sufficiency of protection against blood feuds is open to doubt. The sources cited do not provide the “strong grounds supported by cogent evidence” required to depart from the Country Guidance case of EH. It would be wholly wrong for cases to be certified as clearly unfounded on this basis.”

For the review of the new 2023 CPIN please click here.

To download David Neale’s previous review of the September 2022 CPIN: Albanian blood feuds: Another unconvincing CPIN – Paper by David Neale (September 2022).

The merits of Albanian asylum claims based on fear of domestic violence – Online seminar and paper by David Neale (February 2021)Deborah Thackray2024-05-16T12:09:36+01:00

The merits of Albanian asylum claims based on fear of domestic violence – Online seminar and paper by David Neale (February 2021)

David Neale, Legal Researcher at Garden Court Chambers, argues that the old country guidance case of DM is not an accurate reflection of the current position, and that many Albanians who fear domestic violence at the hands of their families will not be able to avail themselves of a sufficiency of state protection. This includes some boys and young men. David also explores the vulnerability of some domestic violence survivors to trafficking/exploitation on return, even where they have not been trafficked in the past.

This seminar is particularly useful to lawyers representing Albanian nationals and in assessing merits in Albanian asylum claims, including those who are challenging certification decisions by Judicial Review.

To view the seminar paper click here.

The CPIN and assessing merits of Albanian claims – Online seminar and paper by David Neale (October 2020)Deborah Thackray2024-05-16T11:33:10+01:00

The CPIN and assessing merits of Albanian claims – Online seminar and paper by David Neale (October 2020)

A seminar paper accompanies an online seminar of the same title intended to help lawyers in assessing merits in Albanian asylum claims – both prepared and delivered by David Neale of Garden Court Chambers.

The paper and seminar focus principally on asylum claims based on blood feuds, but also deal with asylum claims based on domestic violence and human trafficking.

David Neale argues that these claims, in general, have strong merits: lawyers should be pursuing appeals and fresh claims in these cases and, where they are certified, should be pursuing challenges by judicial review.

Click here to view the paper or view the seminar below.

Albanian boys and young men: The risk of trafficking and re-trafficking on return – David Neale (June 2019)Deborah Thackray2024-05-16T11:33:54+01:00

Albanian boys and young men: The risk of trafficking and re-trafficking on return – David Neale (June 2019)

This paper, prepared by David Neale of Garden Court Chambers, analyses Asylos’ new report and argues that many Albanian asylum-seeking boys and young men are at risk of trafficking or re-trafficking on return to Albania.

This paper will be useful to lawyers who are representing Albanian boys and young men, both those who are already victims of trafficking and those who have claimed asylum on another basis but may be at risk of trafficking on return.

Click here to read the paper.

Albania: Trafficked boys and young men – Asylos (May 2019)Deborah Thackray2024-05-16T11:34:40+01:00

Albania: Trafficked boys and young men – Asylos (May 2019)

This report, published by Asylos in collaboration with the Asylum Research Centre (ARC) Foundation, covers nine key research areas relating to the trafficking of Albanian boys and young men and includes interviews with ten different individuals and organisations.

This important piece of research aims to fill the gap in the COI literature about the situation of Albanian boys and young men who are victims of trafficking.

The findings of the Asylos report are discussed further in David Neale’s paper Albanian boys and young men: the risk of trafficking and re-trafficking on return.

Click here to read the report.

Working with Young Albanian Asylum Seekers

Working with Albanian asylum-seeking children and young people: A short guide for lawyers (2022)Deborah Thackray2024-05-16T11:36:24+01:00

Working with Albanian asylum-seeking children and young people: A short guide for lawyers (2022)

This is a collaborative document prepared by David Neale of Garden Court Chambers and young people at Shpresa Programme. It is intended to provide guidance on key issues for lawyers working with Albanian asylum-seeking children and young people.

Working with Albanian asylum-seeking children and young people

The barriers that UASC face when telling their story during the interview process – Zoe Given-Wilson (2016)Deborah Thackray2024-05-13T17:55:28+01:00

The barriers that UASC face when telling their story during the interview process – Zoe Given-Wilson (2016)

Talk given by Zoe Given-Wilson, post-doctoral researcher at Royal Holloway University London, around the barriers that unaccompanied asylum-seeking children face telling their story during the interview process.

Working with your young client – Online seminar by Kathryn Cronin (December 2020)Deborah Thackray2024-05-13T17:56:14+01:00

Working with your young client – Online seminar by Kathryn Cronin (December 2020)

Kathryn Cronin, Senior Barrister at Garden Court Chambers, explores the challenges in working with children and young people in the hostile environment, using examples from her own work to identify best practice in working with this vulnerable client group, in this online legal seminar.

Running Cases Effectively

Making Complex Cases Work for You – Seminar materials on successfully running Albanian/complex cases (2022)Miclu Team2024-05-13T17:48:37+01:00

Making Complex Cases Work for You – Seminar materials on successfully running Albanian/complex cases (2022)

A training seminar for legal practitioners delivered by Christopher Cole and Kathryn Cronin, about how to successfully run complex asylum cases, using the lens of young Albanian asylum claims, which are often considered some of the most challenging to run.

View a recording of the seminar below:

For a summary of country evidence and case findings, broken down by major Albanian asylum case types, referred to in the seminar and prepared by David Neale of Garden Court Chambers, click here.

Christopher Cole is a freelance consultant solicitor who specialises in complex Asylum and Human Rights cases and sits as a fee-paid judge at the First-tier Tribunal (Immigration & Asylum Chamber). Christopher was partner and Head of Immigration at Parker Rhodes Hickmotts until September 2020.

Kathryn Cronin is a barrister and former academic with some 39 years’ advocacy, policy and research experience. She was joint head of Garden Court Chambers from 2013 to 2017 and has lectured and published on international children’s law. She is well known for her representation of separated children, child asylum seekers and child victims of trafficking.

The seminar covers: credibility, sufficiency of protection and internal relocation, certification, liaison with the country of origin, and question and answers.

Into the Arms of Traffickers – Utilising research on trafficking risks and making delay challenges – Seminar recordings and materials (2021)Miclu Team2024-05-16T12:07:16+01:00

Into the Arms of Traffickers – Utilising research on trafficking risks and making delay challenges – Seminar recordings and materials (2021)

New research by Christine Beddoe finds that the result of increasing Home Office delays is that highly vulnerable children and young adults are facing greater risk of exploitation and trafficking within the UK. As a consequence, the UK government is failing in its legal obligations to protect the victims and potential victims of trafficking.

Gurpinder Khanba, supervising solicitor at MiCLU, and Emma Fitzsimons, barrister at Garden Court Chamber, delivered a seminar on how to use this research when making representations regarding delay.

For the research, click here.

Click here for Gurpinder’s slides on utilising the research

Gurpinder’s presentation on utilising the research:

Click here for Emma’s slides on utilising the research

Emma’s presentation on making delay challenges:

The importance of expert evidence in Albanian asylum claims – Online seminar and handout by Gurpinder Khanba (November 2020)Deborah Thackray2024-05-13T17:56:57+01:00

The importance of expert evidence in Albanian asylum claims – Online seminar and handout by Gurpinder Khanba (November 2020)

This seminar highlights the critical role of expert evidence in Albanian claims including the need for frontloading. It is intended to assist those seeking to secure funding for expert reports at an early stage from the Legal Aid Agency.

To view the handout click here.

Watch below the seminar, delivered by Gurpinder Khanba, MiCLU’s Breaking the Chains Project Casework Supervisor.

A practical response to the certification of Albanian cases – David Neale and Gurpinder Khanba (June 2019)Deborah Thackray2024-05-16T11:47:29+01:00

A practical response to the certification of Albanian cases – David Neale and Gurpinder Khanba (June 2019)

This briefing note is prepared jointly by Garden Court Chambers and MiCLU to raise awareness in the sector of a sudden spike in the numbers of asylum claims by Albanian nationals which have been certified as ‘clearly unfounded’ under s.94 of the Nationality, Immigration and Asylum Act 2002, and to encourage a practical response that protects clients who are at risk of refoulement to Albania.

The briefing note is a resource that we hope will save legal practitioners time in their daily practice, and is intended to be used by new-starters without too much supervision.

A practical response to the certification of Albanian cases

Your feedback on using these resources is valuable to us: contact miclu@islingtonlaw.org.uk.

Photography by young people at Shpresa Programme expressing their experiences engaging with the asylum process.

Archive Resources

Using learning to inform challenges to the Nationality and Borders Act 2022Deborah Thackray2024-05-13T12:49:31+01:00

Using learning to inform challenges to the Nationality and Borders Act 2022

The Nationality and Borders Act 2022 makes a large number of changes to the asylum system. It poses a host of new and unfamiliar challenges for asylum lawyers. As most provisions of the Act are not yet in force, and litigation is ongoing, there is much we do not yet know, however this paper aims to focus on a few key issues of particular relevance to those representing asylum-seeking children and young people.

Using learning to inform challenges to the Nationality and Borders Act 2022

Albanian blood feuds: An update – David Neale (April 2020)Miclu Team2024-05-13T12:48:28+01:00

Albanian blood feuds: An update – David Neale (April 2020)

Albanian blood feuds: an update is prepared by David Neale of Garden Court Chambers, and analyses the new Albania Country Policy and Information Note (CPIN) on blood feuds published by the Home Office in February 2020.

This update discusses how the new CPIN fails to respond to previous criticisms of the country guidance on blood feuds in Albania. It also notes new, positive information that has been included in the CPIN from a December 2017 report by Operazione Colomba, but points out that this is unfortunately not reflected in the overall policy summary or quoted in full.

Click here to view the article.

Practical issues for lawyers representing Albanian clients – Powerpoint presentation (June 2019) by Gurpinder KhanbaDeborah Thackray2024-06-03T10:11:42+01:00

Practical issues for lawyers representing Albanian clients – Powerpoint presentation (June 2019) by Gurpinder Khanba

This is a presentation by Gurpinder Khanba for lawyers representing Albanian cases, providing advice on how to front-load case and face off potential certification by the Home Office.

Albanian blood feuds and certification: A critical view – David Neale (April 2019)Deborah Thackray2024-05-13T12:47:29+01:00

Albanian blood feuds and certification: A critical view – David Neale (April 2019)

Albanian blood feuds and certification: a critical view is prepared by David Neale of Garden Court Chambers, and is an expanded and updated version of a paper first published at the Breaking the Chains event, hosted by MiCLU and Shpresa Programme in June 2018.

Albanian blood feuds and certification: a critical view criticises aspects of the Home Office country information and guidance on blood feuds in Albania and offers strategies to legal practitioners for countering arguments based on current country guidance employed by the Home Office to certify Albanian asylum claims.

Click here to view the paper.

Albania: Reviewing the country of origin literature and addressing the gaps in research – Dr Rachel Alsop (June 2018)Deborah Thackray2024-05-16T12:17:35+01:00

Albania: Reviewing the country of origin literature and addressing the gaps in research – Dr Rachel Alsop (June 2018)

This paper, presented by Dr Rachel Alsop at the Breaking the Chains event hosted by MiCLU and Shpresa Programme in June 2018, reviews the available country of origin literature on Albania and finds that the country guidance for Albania used in decision making on asylum claims for unaccompanied young people is not fit for purpose.

Dr Alsop’s paper finds significant gaps in the literature and concludes that without sufficient research data to draw on, the country guidance is problematic as it is not adequately informed by the lived experiences of the young people.

Conference Paper- Reviewing the country of origin literature and addressing the gaps in research