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You are here: BAILII >> Databases >> United Kingdom Asylum and Immigration Tribunal >> AI (Mixed Ethnicity, Albanian/Kosovo) Kosovo CG [2002] UKIAT 05547 (02 December 2002) URL: https://www.bailii.org/uk/cases/UKIAT/2002/05547.html Cite as: [2002] UKIAT 05547, [2002] UKIAT 5547 |
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AI (Mixed Ethnicity - Albanian/Kosovo) Kosovo CG [2002] UKIAT 05547
ASYLUM AND IMMIGRATION TRIBUNAL
Date of hearing: 9 October 2002
Date Determination notified: 02 December 2002
Before
Between
AI | APPELLANT |
and | |
Secretary of State for the Home Department | RESPONDENT |
DETERMINATION AND REASONS
The Adjudicator found that the claimant was a 27-year old married man from Kosovo. His father was ethnic Albanian and his mother Bosnian. He was Muslim by religion and came from the northern part of Mitrovica. There was no Presenting Officer present but the appellant gave evidence and was represented by Miss Panagiottopoulou at the hearing. The Adjudicator decided that as the removal directions had been given only to FRY that he should consider the risk so far as it ascertained to both Kosovo and Serbia
.
Mr Blundell adopted the four grounds of appeal submitted in support of the leave application. During the course of the hearing the first ground which related to the claim that the Adjudicator had applied too high a standard in relation to sufficiency of protection, Mr Blundell conceded that this ground may not have force but based on the other grounds it was unnecessary to reach conclusions on the issue of sufficiency of protection as there was no prior proof of a real risk of persecution or maltreatment to this appellant that was required prior to consideration of whether there was sufficiency of protection or not.
Miss Panagiottopoulou submitted to us that the claimant had been found to be a credible witness and that the medical condition and his emotional state were noted by the Adjudicator. No Presenting Officer had been before the Adjudicator and he had proceeded correctly in her submission. The conclusions of the April 2002 UNHCR report on minorities should be seen as strongly persuasive and the determination of the Adjudicator should be upheld.
"The Tribunal are satisfied that in general terms UMIK and KFOR does provide adequate protection but each case must be looked at on its own circumstances. The distinguishing feature of this present appeal is that the appellant faces general hostility from his fellow Albanians because of his relationship with Violeta and may be at risk of reprisals from the KLA. In the light of the evidence in the US Office Pristina, Kosovo, 2001 report and the UNHCR OSCE report October 2000-February 2001 there is a likelihood that the appellant would find himself at the risk of persecution and be unable to look to UNMIK or KFOR for protection. The Tribunal are satisfied that there is a risk which can properly be described as a real risk rather than a speculative risk that the appellant would face persecution on return to Kosovo."
We found the key issue before us to be whether an IFA was available to this claimant to Pristina or other parts of Kosovo away from north Mitravica? If the claimant was able to relocate to Pristina and it would not be unduly harsh or unreasonable to expect him to do so, then, clearly, the issue of whether he had a well-founded fear of persecution or otherwise in his home district of northern Mitravica is not a relevant consideration.
The claimant submitted that his risk of persecution would arise from Kosovan Albanians, in particular B, this persecution he considered was for reasons of his mixed ethnicity and in particular his mother's Bosnian ethnic background.
"While most Kosovan Albanians are able to return without protection difficulties, there are certain categories of Kosovan Albanians who may face serious problems, including physical danger, were they to return home at this time. These include:
Kosovan Albanians in ethnically mixed marriages and persons of mixed ethnicity;
Kosovan Albanians perceived to have been associated with the Serbian regime after 1990."
"UNHCR stresses that minority returns should take place on a strictly voluntary basis and based on fully informed decisions of the members of this community. Any such voluntary return movements should be properly coordinated and reintegration should be supported through assistance to ensure sustainability. Minorities should not be forced, compelled or induced to return to Kosovo."
"20 When compared to the situation of other minority groups, the security situation for Kosovo Bosniaks is relatively stable. Nonetheless this community faces various forms of mistreatment, including intimidation, harassment and discrimination, as well as isolated incidents of violence. Like other minorities, Bosniaks live in concentrated communities or enclaves, and have limited freedom of movement outside their places of origin, especially into the main urban centres due to fear of attack. As a result, a KFOR security escort is required for travel beyond certain perimeters. Their inability to use their language without risking being considered as ethnic Serbs outside the enclaves and areas contiguous to them, is a source of continuous hardship. All of these limitations restrict their equal access to social services and effectively undermine the means for the community to remain self-supporting in the province. This situation is a major cause of displacement for Bosniaks.
21. The apparent advancement of inter-ethnic relations between Bosniaks and ethnic Albanians that has taken place in the last year should not be interpreted as having reached a level indicating a fundamental change in their general situation. Kosovo Bosniaks do not yet have full freedom of movement under secure conditions. It is therefore not possible to conclude that returns to this environment could be considered safe, dignified or sustainable in the longer term. Moreover, further concentration of Bosniaks into enclave-like locations would only increase the pressure on the coping mechanisms of the community and perpetuate the causes of displacement. Voluntary returns of individuals of Bosniak ethnicity based on an informed choice, which properly coordinated and supported by reintegration systems, might result in sustainable results. But hasty return movements which are not based on real choice could put those returned at real risk on the ground, as well as potentially destabilising the whole return process for minorities in Kosovo."
The appeal is allowed. The claimant is not a refugee within the meaning of Article 1(2) of the Refugee Convention 1951. We do not consider there would be a breach of either Article 3 or 8 of the ECHR should this claimant be removed to Pristina, Kosovo, FRY.
A R Mackey
Vice President