Case summaries
UK - Immigration Appeal Tribunal, 19 July 2001, Kacaj v Secretary of State for the Home Department [2001] UKIAT 0018
Country of applicant:
Albania
This case confirmed that the UK will apply a single standard of proof for protection claims, whether based on Refugee Convention grounds or Art 3 of the European Convention on Human Rights (ECHR).
Date of decision:
19-07-2001
Relevant International and European Legislation:
EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 2,Art 7,Art 4,Art 6,Art 1A,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 2,Article 3,Article 8
UK - House of Lords, 6 July 2000, Horvath v. Secretary of State for the Home Department [2000] UKHL 37
Country of applicant:
Slovakia
Keywords:
Actors of protection, Actor of persecution or serious harm, Non-state actors/agents of persecution, Refugee Status
In cases where the applicant fears persecution from non-state actors, the home state can be judged to provide protection if it has in place a system of domestic protection machinery for the detection, prosecution and punishment of such acts, and has an ability and readiness to operate the machinery. Where the line is drawn will depend on the facts of the case.
Date of decision:
06-07-2000
Relevant International and European Legislation:
EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 7.2,Art 7,Art 6,Art 6 (c),Art 7.1 (a),Para 65,Para 51,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3