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Asylum plea a landmark case
A FAMILY of Kosovan asylum seekers living in Barnsley could become a test case for thousands of others in the country who are having their failed applications reviewed.
The case of Zenel Thaqi was referred to the Law Lords after the Court of Appeal ruled he had the right to have his claim examined again with fresh evidence.
The Secretary of State had originally certified his application as unfounded, meaning it did not warrant being looked at again.
Now the House of Lords must decide which of two conflicting legal principles should take precedence: the right of the Secretary of State to certify a claim as unfounded, or the right of an asylum seeker to have it looked at again.
Mr Thaqi, aged 53, his wife Valentina, and their daughters Eftiola and Ada, arrived in 2004 claiming asylum because his people, the Kosovar Ashkali, are a sub-group of the persecuted Roma people.
He hid his true identity from his wife's brothers when they married. They beat him savagely when they discovered the truth.
They took away Valentina and the girls, threatening to kill him if he told the police.
The family, who live near Barnsley town centre, fear Valentina's brothers will kill him if he returns to Kosovo.
Mr Thaqi's solicitor Riaz Khan said the case could affect countless people across the country who might have the right to have their cases reviewed.
"When they came to this country to seek asylum the Secretary of State looked at their claim and certified it, deciding they no longer had the right to appeal without even going to court.
"They were told that if they wanted to appeal they would have to go back home and do it. This was not a risk they could take.
"What I did then was make a fresh case that clearly proved that, if Mr Thaqi returned, he risked being killed.
"The authorities in Kosovo authorities would not be able to provide protection."
Mr Khan said the Secretary of State continued to close his eyes to the case, so he sought a Judicial Review in the High Court.
This was unsuccessful, but meant he could go to the Court of Appeal where the family's right to make a new claim with fresh evidencewas upheld.
The decision from the House of Lords is expected in the next few weeks.
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Weather for Sheffield
Wednesday 23 May 2012
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