Tuesday 07 September 2021 @ 10:00 am - 12:00 pm
This webinar is part of the ILPA Representing Victims of Trafficking Series. We are also running webinars focusing on Vietnamese (5th Oct) and Nigerian (9th Nov) victims of trafficking.
In the recent years the National Crime Agency has reported a large increase in the number of victims trafficked from Albania to the UK. While the plight of Albanian women and girls, trafficked for sexual exploitation, is recognised by the Home Office in the CPIN as a basis for a Refugee Convention claim on the basis of a PSG, the Home Office does not extend this same recognition to victims of domestic servitude or forced labour. There is also little understanding of the problems for trafficked Albanian boys and men and the current Country Guidance case of TD and AD (Trafficked women) CG  UKUT 00092 (IAC) from the Upper Tribunal deals exclusively with women and girls. Another frequent problem is the certification of Albanian asylum claims.
This webinar will explore the best ways to represent Albanian victims of trafficking in their trafficking claims before the National Referral Mechanism (NRM) and their asylum claims before the Home Office/ First-tier Tribunal. We will examine the often complex overlaps in female cases between domestic violence/ forced marriage/ honour crimes and trafficking; and in male cases with sexuality and/or blood feuds and trafficking; and how to best build a case where there are multiple heads of risk.
While some of the tactics, evidence and legal arguments discussed in this session will be applicable to victims of trafficking from other countries, this webinar will focus explicitly on building the strongest case for Albanian victims.
This webinar will examine the following:
• Common bases for Albanian trafficking claims for both female and male victims and how to best present these;
• How to address certification of Albanian asylum claims;
• Common reasons for negative NRM decisions in and how to prevent/ challenge these;
• Common reasons for negative asylum decisions and how to prevent/ challenge these;
• Examining the objective country material and how to use it to maximum advantage;
• Examining Home Office documents, including the CPINs on Victimes of Trafficking; Blood Feuds; Domestic abuse; Mental health and Sexual orientation and how to use these to maximum advantage and/ or challenging or distinguishing their findings where necessary;
• The importance of expert evidence including medical evidence (also addressing issues of vulnerability) and country evidence;
• Problems of internal relocation including the small size of the country and intricate networks; and the difficulties facing single/lone women with or without children in Albania;
• Sufficiency of protection and the authorities approach to trafficking;
• Alternative bases for claiming asylum for Albanian VOTs including where relevant blood feuds, domestic abuse, sexuality, forced marriage or honour crimes; and
• How to build a case for Article 8 ECHR/ very significant obstacles especially due to the stigma involved ("kurva") for victims of sexual exploitation.