Landmark judicial review starts as Albania’s ex-PM tries to overturn UK Home Office ban
The former Albanian Prime Minister’s judicial review against the Home Office over a decision to ban him from the UK kicks off today.
Sali Berisha is the current Albanian opposition leader of the Democratic Party, but served as PM of the country from 2005 to 2013 and was previously the president from 1992 to 1997.
The politician was banned by the Home Secretary, then Priti Patel, from entering the UK in 2022 on the grounds of alleged criminality and corruption.
The UK followed the same footsteps as the US after they banned him from entering the country in 2021.
He was placed under house arrest back in December while there is an ongoing investigation into him over possible corruption. In the same week, the Albanian Parliament voted to strip Berisha of his legal immunity.
Starting this week is the first known legal challenge to a decision by the Home Secretary on excluding a leader of opposition of ‘a friendly foreign’ state from the UK.
Berisha maintains that the allegations of criminality and corruption made against him are untrue.
Starting today, at the UK’s Special Immigration Appeals Commission (SIAC), the former PM’s application to review the decision will commence.
Berisha alleges that the current Prime Minister of Albania, Edi Rama, had prior knowledge of the exclusion order, and had announced it in the Albanian Parliament, even before he himself had been notified of the Home Secretary’s decision.
His legal time will use this to raise questions as to the process followed in the decision making of banning him from the UK.
Berisha’s legal team consists of Brick Court Chamber’s Fergus Randolph KC, who was instructed by Kartik Mittal, partner at London-based firm Zaiwalla and Co. The hearing is expected to last for four days, bringing the concluding day to Friday.
Commenting on the case, his lawyer, Mittal, said: “This is an extraordinary case where an opposition leader of another European country has been subjected to an exclusion order on the basis of mere allegations largely mined from foreign media sources of questionable editorial independence. Berisha has never been convicted of any offence in Albania and vigourously denies having been involved in corrupt criminal activities.”
While a Home Office spokesperson said: “The UK Government’s priority remains maintaining the safety and security of the UK, while promoting security, prosperity and rule of law worldwide. The UK has been a long-standing partner for Albania in championing accountability and action against criminality and corruption.”
“It would be inappropriate to comment further whilst legal proceedings are ongoing,” they added.