AIT 1. Although there is clear evidence of discrimination against minorities and in particular Roma in Kosovo, the evidence does not demonstrate that there is a real risk that a member of a minority group would face persecution for a Convention reason or treatment contrary to his rights under Article 3 of the ECHR. There is a sufficiency of protection in Kosovo for minorities – including those who have mixed Roma/ Serb parentage – in terms of Regulation 4 (2) of the Refugee or Person in Need of International Protection Regulations 2006.
2. The current CG cases relating to the protection of minorities (SK (Roma in Kosovo – update) Serbia and Montenegro [2005] UKAIT 23, FD (Kosovo – Roma) Serbia and Montenegro CG [2004] UKAIT 00214 and ES (Ashkaelians, mixed-Ashkaelian ethnicity Serbia and Montenegro (Kosovo) [2006] UKAIT 00071 are confirmed and the judgement of the Court of Appeal in Hysi [2005] EWCA Civ 711 is followed.
3. Although there were increased tensions among minorities before and after the Declaration of Independence in February 2008 there is no evidence that the anticipated increase in violence materialised or that there ceased to be a sufficiency of protection for minorities in Kosovo.
McGeachy, Kekic SIJ
[2009] UKAIT 00011
Bailii
England and Wales
Updated: 15 July 2021; Ref: scu.323720 br>