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UK - Immigration Appeal Tribunal, 19 July 2001, Kacaj v Secretary of State for the Home Department [2001] UKIAT 0018
Country of applicant: Albania
Keywords: Actor of persecution or serious harm, Standard of proof
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
UK - Court of Appeal, 19 January 2000, Secretary of State for The Home Department, Ex Parte Adan R v. Secretary of State for The Home Department Ex Parte Aitseguer, R v. [2000] UKHL 67
Country of applicant: Algeria, Somalia
Keywords: Indirect refoulement, Non-state actors/agents of persecution, Safe third country

In assessing whether a state is a safe third country with regard to its interpretation of the 1951 Refugee Convention, it was not sufficient to assess whether the foreign state’s interpretation of the Convention was reasonable. The Secretary of State for the Home Department had to be satisfied that the foreign state applied the one true interpretation of the Convention decided upon by the UK Courts.

Date of decision: 19-01-2000
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 6,Art 21,UNHCR Handbook,Para 65