DECISION / Sali Berisha remains a non-citizen of Britain, he is not allowed to appeal

2024-12-10 20:48:02Aktualitet SHKRUAR NGA REDAKSIA VOX

DECISION / Sali Berisha remains a non-citizen of Britain, he is not allowed to

The Court of Appeal in London - Civil Division, according to documents available to Top Channel, has not accepted the request of former Prime Minister Sali Berisha to appeal the decision of the SIAC (Special Immigration Appeals Commission) which upheld the Home Office's decision to ban him from entering the United Kingdom.

Lawyers for Mr. Berisha, the leader of the Democratic Party, have disagreed with the decision of 17 June 2024 of the SIAC “Special Immigration Appeals Commission”, which dismissed Mr. Berisha’s appeal.
SIAC found the decision of former Secretary of State Priti Patel taken on 19 July 2022, where Sali Berisha was banned from entering the UK on the grounds that he had suspected links to organised crime and corruption, to be correct.

Documents from the Court of Appeal in London show that on 15 August 2024, Mr Berisha’s lawyers applied to this court for leave to appeal the SIAC decision.
Top Channel journalist Muhamed Veliu exclusively has the decision made on 23 October 2024 by the British appeal judge Lady Justice Elisabeth Laing, who rejected Mr Berisha’s request to appeal the SIAC decision.
As a result, that decision not in Mr Berisha’s favor remains in force, prohibiting him from entering the United Kingdom.
Mr Berisha’s lawyers sought leave to appeal, raising three claims for violations of the law by SIAC to the “Special Immigration Appeals Commission”.
1-SIAC erred in the exercise of its discretion when it refused an application for disclosure of any material held by the Secretary of State at the date of the original decision, when it showed that persons other than the Appellant were connected with organised crime and corruption.
2-SIAC also erred in the exercise of its discretion in holding that a letter written to the Appellant's lawyers by the GLD dated 8 March 2024 was not a new decision which could be challenged as it was not personally taken by the Secretary of State.

3-SIAC committed a breach of duty to ensure that its members were independent. One of its members had “worked closely with the Home Office on counter-narcotics issues in the European policy area”.
British appeal judge Lady Justice Elisabeth Laing says that points 1 and 2 of the appeal request, she finds no legal breach by SIAC.
She gives a detailed explanation for the third claim that SIAC violated the independence of the adjudicating body and blames Mr Berisha’s lawyers for this.
“For the first time, the allegations of bias in the appeal came as found from an internet search for Mr Golland’s career. It is not stated when this search was made. A responsible advisor should have done it before 19 March 2024.
This should have been told to SIAC and then SIAC commented. The appellant does not explain why SIAC was not given the opportunity to comment. This causes me concern as the appellant's counsel deliberately did not raise this concern in SIAC but retained it for use in this application to this court. In such circumstances I cannot give weight to the claim of bias", the British judge states in the decision.
In point 40 of the decision, Judge Justice Elisabeth Laing concludes that "there is no compelling reason to consider the proposed appeal".
This decision seals once and for all Mr. Berisha's lost legal battle against the decision to ban him from entering the United Kingdom.
According to SPAK data in the Berisha file for the lost appeal in SIAC, his daughter Argita Berisha paid, through bank transfers, the London law firm Zaiwalla & Co, an amount of approximately 400,000 euros.


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