A lesbian couple from Albania have won an asylum claim to stay in Britain after arguing people in their home country are violently homophobic.
Lawyers representing the women said that although being gay is no longer illegal in the Balkan state the ‘populace’ of the country is ‘conservative’ and ‘male dominated’.
The women claimed to have been trafficked after being ‘abducted by masked men, sexually assaulted by multiple men and subjected to physical and verbal abuse on account of their sexual orientation’, a court heard.
The couple said this happened after they were ‘observed kissing by their traffickers which resulted in them being captured, detained and assaulted’ – and that this is why it would be too dangerous for them to be deported back home.
However, the Home Office argued what happened to the women should ‘not be a reflection of what the whole of Albania looks like’ – as even in ‘tolerant’ countries like the UK, there are ‘hate crimes’.
But, this was rejected by a judge who has now ruled the women can stay in Britain on human rights grounds, as they are ‘at risk of potential discrimination’ if they go back.
The Upper-tier Tribunal of the Immigration and Asylum Chamber heard the couple – who have not been named – are from the rural Shkoder area of North Albania.
Lawyers representing them said while their relationship ‘is not outlawed’, it is ‘the view of the populace that is important’.
They argued there was a ‘causal link’ between their sexual orientation and relationship, and the fact they were trafficked.
It was said victims of trafficking in Albania are ‘blamed and stigmatised’ which may hinder their chances at finding employment.
Lawyers said the women have ‘no confidence’ in the system which exists in the country and ‘it is difficult to see how they could be safely returned to Albania’.
And, they said while the women were ‘highly qualified’ and ‘educated’, they have no connection to their family and are at risk of suicide as a result of what they experienced in Albania.
But lawyers representing the Home Office argued it is ‘not against the law in Albania to be gay and there are measures to protect individuals who belong to these communities to reach out to the police’.
And they said what happened to the couple should ‘not be a reflection of what the whole of Albania looks like’.
It was argued that ‘in countries which are more tolerant you still get hate crime even in the UK’.
They said the women ‘are able to work, have some form of education and can mitigate being trafficked as support and medication would be there for them’.
Deputy Upper Tribunal Judge Rebecca Chapman referred to Albanian country policy information which said it is a ‘patriarchal, conservative society in which homophobic attitudes still exist, particularly in rural areas’.
It was said members of the LGBTQ community face difficulties accessing education, employment, housing, healthcare and goods and services due to ‘prevailing negative attitudes’ in society.
The judge upheld their asylum claim.
She said the women could not be expected to relocation elsewhere in Albania, as it is a small country which is ‘slightly larger than Wales with a population of only 2.8-3 million people’.
She said: ‘Considering all the factors holistically 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.
‘I find that they would be at risk of potential discrimination by both state and non-state actors.’
The judge continued: ‘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 of Shkoder.
‘I accept both [women] have had the benefit of an education which would assist them to some extent in finding employment.
‘However, I have to balance the fact that against that they could well be subjected to discrimination in seeking employment on the basis of their sexual orientation.
‘Both [women] are from the same area of Shkoder in Northern Albania, which is a part of the country with traditional, patriarchal views.
‘They remain young women.
‘I find the fact that they are in a same sex relationship would potentially exacerbate the risk of persecution for that reason.
Judge Chapman said the women have a ‘well-founded fear of persecution’ n Albania on account of their membership of two particular social groups – former victims of trafficking and lesbians.
Homosexual activity was decriminalised in Albania in 1995.
In 2010, Albania adopted a non-discrimination law – that prohibits discrimination based on sexual orientation and gender identity.
While same-sex relationships are legal, same-sex marriage or civil unions are not recognised in Albania.