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An Albanian lesbian couple have won an asylum claim to stay in Britain after successfully arguing that people in their country are homophobic.
Lawyers representing the women, who said they were targeted after being seen kissing in the street, said that although being gay was no longer illegal in the Balkan state, the country's "population" is still "patriarchal, conservative and male-dominated".
The Home Office argued that what happened to the women in their cities "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, The Telegraph writes.
But this argument was rejected by a judge who has now ruled that the women can stay on human rights grounds, as they are "at risk of potential discrimination" if they return.
The case, revealed in court documents, is the latest example exposed by The Telegraph where asylum seekers have attempted to stop their deportations, often claiming violations of their human rights.
There is a record 41,987 outstanding immigration complaints, mainly on human rights grounds, which threaten to hamper Labor's efforts to speed up the removal of illegal migrants.
The high immigration court heard that the lesbian couple were also considered victims of trafficking because they were “kidnapped by masked men in their hometown, sexually assaulted by several men and subjected to physical and verbal abuse because of their sexual orientation.”
The women said this happened after they were “observed kissing by their traffickers, which resulted in their capture, detention and assault.” Lawyers representing the couple said that while their relationship “is not illegal,” it is “the public’s view that is important.”
The lawyers argued that there was a “causal link” between their sexual orientation and their relationship, and the fact that they had been trafficked. It was said that victims of trafficking in Albania are “blamed and stigmatized,” which can hinder their chances of finding work.
They said the women “did not have faith” in the system that exists in the country and “it is difficult to see how they can safely return to Albania.” The lawyers said that while the women were “highly qualified” and “educated,” they have no connection to their families and are at risk of suicide as a result of what they have experienced in Albania.
But lawyers representing the Home Office argued that "it is not against the law in Albania to be homosexual and that there are measures in place to protect individuals belonging to these communities from contacting the police."
Deputy High Court Judge Rebecca Chapman referred to information on the Albanian country's policies, which stated that it is a "patriarchal, conservative society in which homophobic attitudes still exist, particularly in rural areas."
It was said that members of the LGBT+ community face difficulties in accessing education, employment, housing, healthcare, and goods and services due to "predominant negative attitudes" in society.
Upholding their asylum claim, the judge said the women could not be relocated elsewhere in Albania as it is a small country that is "slightly larger than Wales with a population of only 2.8-3 million".
"Considering all factors holistically, I find that there is a real risk that the women would be subject to discriminatory measures on the grounds 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 state and non-state actors," the judge said.
“Both [women] are from the same area of Shkodra in Northern Albania, which is a part of the country with traditional, patriarchal views, they remain young women.
"I think the fact that they are in a same-sex relationship could exacerbate the risk of persecution for this reason," she added.
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