Case summaries
UK - NA and VA v Secretary of State for the Home Department, 29 May 2015
Keywords:
Actors of protection, Internal protection, Persecution (acts of), Persecution Grounds/Reasons, Protection, Refugee Status
The operation of an effective legal system for the detection, prosecution and punishment of acts constituting persecution or serious harm and access to such system by the claimant may not, in a given case, amount to protection. Article 7(2) of the Qualfication Directive is non-prescriptive in nature. The duty imposed on states to take “reasonable steps” imports the concepts of margin of appreciation and proportionality.
Date of decision:
29-05-2015
Relevant International and European Legislation:
EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 7.2,Art 7,Art 7.1 (a),Art 7.1,UNHCR Handbook,Art 7.1 (b),Art 7.3,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 2,Article 5,Article 8,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011,Article 7