Case summaries
Although gender based persecution is not expressly mentioned among the reasons for recognising refugee status, the UNHCR Guidelines on claims to refugee status in cases involving gender based persecution, as cited by the Applicant, indicate that gender based persecution falls within the broader category of persecution for reasons of membership of a particular social group.
Although physical persons acting on their own behalf do not constitute typical perpetrators of persecution, they may be regarded as actors of persecution within the meaning of the Convention in cases where public authorities are unable or unwilling to protect an individual against their activities.
The appellants argued that they were at risk of re-trafficking and would not find protection anywhere in Albania. The tribunal agreed, and laid down country guidance on the risks facing trafficked women and the absence of effective protection from these risks.