Case summaries
UK - Court of Appeal, 6 November 2008, PS (Sri Lanka) v Secretary of State for the Home Department [2008] EWCA Civ 1213
Country of applicant:
Sri Lanka
Keywords:
Assessment of facts and circumstances, Actors of protection, Previous persecution, Standard of proof
State protection should be assessed in the applicant’s home area, in the absence of an internal relocation alternative. The Tribunal erred in finding that the fact that the applicant had been raped at her home on 3 separate occasions over a short period by government soldiers had the same effect on assessing future risk as if she had been raped by civilians. The soldiers appeared to act with impunity whereas that would not necessarily be the case for civilians. In assessing future risk past experience was central, as reflected in Art 4(4) of the Qualification Directive and by common sense.
Date of decision:
06-11-2008
Relevant International and European Legislation:
EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 15,Art 4,Art 6,Art 4.4,Art 16