The Upper Tribunal held that victims of trafficking from Albania may be members of a “Particular Social Group” under the Refugee Convention. However, whether they face a real risk of persecution or treatment contrary to their rights under Article 3 of the European Convention of Human Rights (ECHR) as a result, and whether they would be unable to access State protection, depends on the particular circumstances of each case.

A strict code of honour governs a significant proportion of Albanian population such that trafficked women are likely to experience significant challenges both reintegrating into their communities on return and relocating internally. The societal discrimination female victims of trafficking are likely to face on return to Albania does not reach a persecutory level. By contrast, the treatment trafficked victim may receive from their own families could amount to persecution. Examples include being honour killings, forced marriage and forced separation from their children.

In the light of the Country Guidance, both appeals were allowed.