Case No. UKUT-00392-(IAC)

CG [2016] UKUT 00092 (IAC), and in particular, paragraph [111]: “111. As to the social consequences of a past trafficking experience we note the findings in AM & BM about social exclusion of women labelled as kurva , in the context of the tenacity of Northern Albanian traditions. It might be thought that the increased migration from the countryside to the cities might lead to a weakening in such belief systems, as extended families leave the land and break down into smaller, more independent units. Surprisingly we were shown no evidence to that effect, and in fact it was suggested by Professor Haxhiymeri that such migration – primarily from North to South – has had the opposite effect, of transporting conservative Geg social mores into the more liberal south. The importance of the family unit as a social and economic construct was emphasised in all the evidence before us. We accept her evidence that women living on their own are immediately identifiable as being on the 'outside'; even if the details of their history are not known, work colleagues and neighbours may view them with some suspicion. In some cases that suspicion will escalate to open prejudice and hostility. We therefore find no reason to depart from the general conclusions on this matter drawn by the Tribunal in AM & BM. Women living on their own are likely to be socially distinct. Whilst discrimination and stigma certainly exist they will not generally constitute persecutory "serious harm" or breach Article 3, but this it nevertheless a factor to be considered cumulatively when assessing whether internal flight is reasonable for any given appellant.” 41. We find that, being situated in the north of the country, the appellant’s relocation to Shkodër could result in at least initial suspicion on her return there (noting TD ), and the 2019 CPIN refers, at section 5 (‘societal treatment and attitudes’) to LGBTI individuals continuing to experience discrimination. While the CPIN reported there to have been a drastic change since 2010 and the adoption of a non-discrimination law in Albania, homophobic sentiments remain very high (as evidenced in a survey conducted by a US-based NGO, albeit its sample size, sample location and general methodology is unclear). 42. On the basis of the limited evidence before us, noting that the appellant had not been called to give evidence, and had not sought to produce any updated witness statement, we proceeded on the assumption that the appellant would, on relocation, be viewed with some suspicion and curiosity and may even be the target of homophobic, non-physical abuse, by non-state actors, as a result, although even this is a tentative assumption, based on the limited information we have about the survey samples and methodology referred to in section 5 of the CPIN. However, we find that there is simply insufficient evidence to conclude that even faced with that level of discrimination, the appellant would not be able to avail herself of state protection, for example from local police, in the event that she suffers from harassment, noting the CPIN’s analysis of protection at section 2.4.3 of the CPIN, which discusses the implementation of legislation against hate crimes: “ 2.4.3 Where the person's fear is of persecution or serious harm by non-state actors (including rogue state actors), there is, in general, protection in law and avenues of redress, although the situation in areas outside Tirana must be considered carefully and on the particular evidence presented. Anti- discrimination laws in Albania expressly protect LGBT persons and make hate crimes a criminal offence. As mentioned above the Albanian government has passed some of the most progressive LGBT laws in the region” 43. While we were conscious that the appellant would be relocating outside Tirana, there was no evidence that the authorities in Shkodër would be unwilling or unable to assist. 44. We also accept the respondent’s submission that the appellant’s potential ability to establish social networks and friendship groups with people in Shkodër who would be accepting of her bisexuality is likely to be transformed by social media, and that this will significantly mitigate the risks of her isolation. Put another way, the ability to reach out to others, while resettling in a new location, goes to answer, at least in part, the question of whether the appellant would feel compelled to live in social isolation. We find that the appellant ’s ability to establish social networks and friendship groups; to access police assistance, if needed; and her ability to access housing and employment, are all significant mitigating factors in considering the appellant’s history of depression and the extent to which she might be isolated as a result. Conclusion on internal relocation 45. Adopting the balance-sheet approach as part of an holistic assessment, we have referred already, on the one-hand, to societal attitudes towards same sex relationships, albeit not beyond the level of a risk, to the lower standard, of non-physical harassment; initial suspicion and curiosity; the fact that the appellant would be relocating to Shkodër , a location with which she was not familiar; and her history of depression and fear of past ill-treatment. On the other hand, we take account of the appellant’s undisputed ability to access housing and get a job ; and establish friendship groups and social networks; as well her recovery from depression and lack of evidence of recurrence of that condition; and access to police assistance, if necessary. 46. Based on the very limited evidence presented by the appellant, we conclude that her internal relocation to Shkodër would not be unduly harsh. The personal support that the appellant could access through friendship groups and networks, in the setting of access to work and accommodation would ultimately outweigh the challenges of wider societal attitudes and initial curiosity or suspicion. In short, the appellant would not be faced with the option of living as a recluse or living some kind of ‘half-life’ as the only means of living in Shkodër . In the circumstances, her relocation there would not be unduly harsh, even if she felt unable, because of wider societal attitudes, to be open about her sexual identity. 47. For the same reasons, the obstacles to the appellant’s integration in Shkodër , of societal a ttitudes towards same sex relationships , initial suspicion and curiosity; and the appellant’s history of depression and her fear of past ill-treatment, would not be very significant, in light of the mitigating factors which would mitigate her risk of social isolation and her ability to integrate into life in Shkodër . 48. In the light of our finding that it would not be unduly harsh for the appellant to internally relocate to Shkodër , and the absence of evidence that she would not be at unprotected risk, the protection claim must fail. 49. Similarly, in light of the appellant’s ability to integrate in Shkodër , the appellant does not meet the requirements of paragraph 276ADE(1)(vi) of the Immigration Rules, for the purposes of her private life. The FTT had carried out an article 8 assessment of the appellant’s private life, outside the Immigration Rules, at [57] to [61] of its d ecision. We adopt that part of the FTT’s analysis (not the overall decision), noting that when considering the question of proportionality, the mitigating factors which reduce the risk of social isolation, already outlined above, are an important weight in the proportionality of the respondent’s decision to refuse leave to remain in the United Kingdom.