Mishto v Secretary of State For Home Department

Mishto v Secretary of State For Home Department

The Adjudicator did not err in law by considering sufficiency of state protection as a preliminary issue based on the appellant's written evidence, nor was the finding that Albania provided sufficient state protection for victims of domestic violence Wednesbury unreasonable; the appeal was dismissed.

Parties
Appellant/claimant: Elenica Mishto; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
12 December 2003
Procedural Posture
Judicial Review (immigration/asylum) / Appeal From High Court to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Asylum, Domestic Violence, State Protection, Judicial Review, European Convention on Human Rights
Immigration Law Human Rights Law Asylum Domestic Violence State Protection Judicial Review European Convention on Human Rights

Case Brief

Summary, issues, holding and outcome

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Parties

Elenica Mishto

Appellant/claimant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Judicial Review (immigration/asylum) / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the Adjudicator erred in determining sufficiency of state protection in Albania for victims of domestic violence without hearing the appellant's evidence
  2. 2 Whether the Adjudicator properly applied the Horvath test for sufficiency of state protection
  3. 3 Whether the Adjudicator's findings were legally sustainable or Wednesbury unreasonable

Ratio Decidendi

The Adjudicator did not err in law by considering sufficiency of state protection as a preliminary issue based on the appellant's written evidence, nor was the finding that Albania provided sufficient state protection for victims of domestic violence Wednesbury unreasonable; the appeal was dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Detailed assessment of the appellant's costs