Court of Appeal find that Upper tribunal were right in their approach to follow FTT’s findings for asylum of Albanian National


Re: AL (Albania) v Secretary of State for the Home Department [2019] EWCA Civ 950

The appellant is a national of Albania.  He and his elder brother, R arrived in the UK on 29 October 2012 and claimed asylum. R’s appeal to the FTT in May 2013 was allowed on the basis that R had a well-founded fear of persecution if returned to Albania by reason of his membership of a particular social group, namely being a member of a family that had been targeted in a blood feud.

The appellant brings this appeal against a determination of the Upper Tribunal (“UT”) which dismissed a further appeal at the FTT.  The FTT had determined findings of fact which were inconsistent with the findings of the first FTT decision in 2013 determining the asylum claim of the appellant’s brother.  The Court of Appeal was asked to determine whether the UT had erred in their approach to the appellant’s brother’s earlier successful appeal.

Held: Appeal dismissed. The findings of fact made by the FTT and upheld by the UT were findings which it was open to the tribunals to make.

Hugh Southey QC and Ayesha Christie were involved in this case.