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This appeal is made against the decision of the Secretary of State to refuse an asylum claim made by the appellant effectively on behalf of her son who suffers from albinism, he being now 7 years old. She came to this country some years ago from Nigeria and there is no question but that she overstayed. Nonetheless her claim was made on the basis of persecution that she said would be occasioned to her son were she to be returned to Nigeria, and that persecution would result from his albinism.
The fresh appeal was considered by Judge Bruce on 5 December 2013. That was of course an appeal to this Tribunal because there had been already the adverse decision of Judge Canavan on this point and Judge Bruce sitting as a Deputy Judge in this Tribunal decided that that appeal should not be allowed. There was then an appeal to the Court of Appeal. Leave to appeal was refused initially by a single Lord Justice but on a renewed hearing was granted and in the result the matter was remitted for reconsideration by this Tribunal and that is the situation that we are dealing with.
It is important to note some of the findings of both First-tier Judge Canavan and Judge Bruce because, as has very properly been accepted by Mr Melvin, it is not for us to go behind any positive findings made in favour of the appellant.
It is not entirely clear what the extent of that is. We are told in the whole of Africa there is no evidence of more than some 100 or so deaths resulting from that but there is some expert evidence which has recently been provided which indicates that there is a danger that this is on the increase because the body parts of albinos can produce very significant financial advantage to those who supply them.
However, it cannot we think be said that this is something which is of general application and the question arises as to whether that which undoubtedly would amount to persecution or fall within Article 2 of the Convention on Human rights is sufficiently of a real risk as to justify on that basis a finding that there will be persecution,
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