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Luxembourg / Administrative Court / 38397

Madame consort, ...
v a decision of the Minister of Immigration and Asylum

Deciding Body type:
National Court/Tribunal
Deciding Body:
Administrative court
Decision date:

Key facts of the case: 

The case concerned an application for international protection by two sisters of Albanian origin, who claimed that they had been about to be forcibly married in their home country. It was their father, who had regularly exercised violence against his daugthers, who had decided to marry them by force. The daughters claimed that they would fall victims of an honour-crime if they were sent back to Albania. They also claimed to be the victims of gender-based violence. 

Outcome of the case: 

The Administrative Court held that the applicants’ arguments were not strong enough, and did not prove that the Albanian Government would be unable to protect them from the violence and persecution of which they claimed to be the victims. The Court took into consideration article 19 of the Charter, which was invoked by the applicants, only to conclude that the Charter did not invalidate the Government order against the applicants to leave the territory, since it had not been established that they ran a serious risk of persecution or inhuman treatment without any protection from the Albanian State.