A British court has granted asylum to a lesbian couple fleeing Albania, citing concerns over potential discrimination and risks stemming from their experiences.
The women sought refuge in the UK after alleging they faced targeted harassment due to their relationship and public displays of affection. Their legal representatives argued that while same-sex relations are no longer explicitly illegal in Albania, deeply ingrained societal attitudes pose a significant threat.
“Despite not being criminalised, homosexuality within Albania remains vulnerable to prejudice,” stated the lawyers, emphasizing the country’s “patriarchal and conservative” culture. They detailed instances of public harassment following their being seen kissing, leading ultimately to a far more sinister ordeal.
“The couple’s experiences extend beyond mere social disapproval; they were victims of trafficking after being abducted by masked men, subjected to sexual assault, and endured physical and verbal abuse directly linked to their sexual orientation and relationship.”
The Home Office initially contested the claim, arguing that individual incidents shouldn’t be extrapolated to represent the nation as a whole. They referenced hate crimes occurring even in countries like the UK.
However, the judge dismissed this argument, ruling that the women’s case met the threshold for human rights protection. The tribunal acknowledged a “real risk” of discriminatory treatment if they were deported. The decision highlights a growing trend of asylum seekers and foreign nationals utilizing human rights arguments to challenge deportation orders.
Currently, there are over 41,987 pending immigration appeals in the UK, predominantly based on human rights claims—a figure that could complicate Labor’s plans for accelerated deportations.
Beyond the initial harassment, the women’s legal team underscored a pattern of societal blame and stigmatization faced by trafficking victims in Albania. They argued this would severely hinder their ability to secure employment and that the existing Albanian system offers insufficient protection.
The couple, described as “highly qualified” and “educated,” lack familial support and face a heightened risk of suicide due to the trauma they endured. Legal representatives for the Home Office countered these claims, asserting that homosexuality is not illegal in Albania and protective measures exist within their legal system. They also suggested access to healthcare and employment opportunities would mitigate the risks.
The court referenced Albanian country policy information confirming a “patriarchal, conservative society” where negative attitudes toward the LGBT+ community persist, creating barriers in areas like education, housing, healthcare, and employment.
The judge concluded that relocating within Albania was not a viable option. “Considering all factors holistically,” she stated, “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.”
The judge further emphasized: “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.”
- There are currently 41,987 outstanding immigration appeals in the UK.
- Albania is described as a “patriarchal and conservative” society with prevalent negative attitudes toward the LGBT+ community.
- The women were abducted, sexually assaulted, and abused due to their sexual orientation and relationship.
