IA008922021 & IA040432021

      The first appellant is a citizen of Albania, born on 17 March 1984 . She left Albania with her son AL, born on 7 April 2012, at the end of December 2015 and travelled to Kosovo, and from there to the UK via Germany, Belgium and France, arriving in the UK in a lorry at the end of May 2017. She was served with illegal entry papers on 11 September 2017 and made an asylum claim, completing a screening interview on 3 October 2017 and a substantive interview on 6 August 2018. Her asylum claim was refused on 11 January 2021.

      Judge Bennett noted that a linked appeal had been listed for hearing for the appellant's son, AL, but he considered that there was not in fact a valid appeal, since AL was a dependent upon BS's case and had not made a separate claim. He dismissed AL's appeal as being invalid.

      P ermission to appeal to the Upper Tribunal was sought on behalf of both BS and AL. With regard to the former, the ground of challenge was that the judge had failed to have regard to material evidence including a report from the Albanian Interior Ministry which confirmed the attack on B, a family certificate naming B as part of the family, and evidence about the appellant's husband's removal from the UK. With regard to the latter the grounds asserted that separate consideration should have been given to the risks to AL.

      Permission was granted in the First-tier Tribunal and t he matter then came before me for a hearing.

  Ms Anzani made no further comments about the separate appeal of AL and it seems to me that the grounds at [22] and [23], in particular the end of [23], accept that AL can and should be treated as a dependent on BS's claim, rather than as a separate appellant, provided that there is specific consideration given to any risk to AL as part of the determination of BS's appeal. Accordingly there is one appeal only, PA/50142/2021.