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International Protection Appeals Tribunal entitled to find that previous persecution did not provide compelling reason for refugee status
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High Court refuses judicial review of a decision of the International Protection Appeals Tribunal to affirm a recommendation that Albanian nationals not declared to be refugees, where they had experienced previous persecution arising from a "blood feud", on the grounds that the tribunal had found that the evidence of previous persecution did not provide a compelling reason for according the protection of refugee status, which was an adequate reason for the decision.
Judicial review - decision of International Protection Appeals Tribunal (IPAT) - s. 16 (2) of the Refugee Act 1996 - affirmation of recommendation that applicant not be declared to be refugees - whether incorrect test applied - previous persecution - blood feud in Albania - whether well-founded fear of harm if returned to Albania - state protection available in Albania - reg. 5(2) of the European Communities (Eligibility for Protection) Regulations 2006 - whether compelling reasons arising from previous persecution to determine eligibility for protection - correct test - Section 1C of the Geneva Convention.
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