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UK - Court of Appeal, 3 January 2002, Svazas v Secretary of State for the Home Department [2002] EWCA Civ 74
Country of applicant: Lithuania

Where the actors of persecution feared are themselves state agents consideration must still be given to whether the applicant can avail himself of protection, but this assessment must be made in context. There will be a spectrum of cases between, on the one extreme, those where the only ill-treatment is by non-state actors and, on the other extreme, those where the state itself is wholly complicit in the ill-treatment.

Date of decision: 03-01-2002
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
UK - Immigration Appeal Tribunal, 3 October 2000, EG, Colombia, [2000] UKIAT 00007
Country of applicant: Colombia

In assessing claims based on political opinion, a broad approach needed to be adopted to ensure that the object and purpose of the 1951 Refugee Convention was met.  Political opinion could be actual or imputed and had to be assessed in the context of the society that the applicant had fled.  Political opinion should not be restricted to issues relating to party politics nor, in the context of persecution non-state actors of persecution, was it helpful to identify those who were on the side of the forces of “law and order”.

Date of decision: 03-10-2000
Greece - Council of State, 15 September 2000, 495/2000
Country of applicant: Turkey

Application to give suspensive effect to a decision by the Minister for Public Order 

This case concerned deportation of a recognized refugee (Articles 32 and 33 of the 1951 Convention relating to the Status of Refugees) after a conviction for a criminal offence under common law. 

Immediate deportation would expose the applicant to the risk of suffering irreparable harm in the event that his application for annulment is successful. Because of the severity of that harm, moves to deport him must be given suspensive effect until there has been a final decision on his application for annulment, even though the decision to deport him was motivated by the protection of public order.

The case also considered ending the applicant's detention andreturning the refugee residence permit, which had been withdrawn, to the applicant. 

Date of decision: 15-09-2000
UK - Court of Appeal, 31 July 2000, Revenko v Secretary of State for the Home Department [2000] EWCA Civ 500
Country of applicant: Moldova
A stateless person who is outside his or her country of former habitual residence and is unable to return there is not a refugee unless he or she is unable to return owing to a fear of persecution for a Convention reason.
Date of decision: 31-07-2000
UK - House of Lords, 6 July 2000, Horvath v. Secretary of State for the Home Department [2000] UKHL 37
Country of applicant: Slovakia

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
UK - Immigration Appeals Tribunal, 9 June 2000, Smith v Secretary of State for the Home Department (Liberia) [2000] UKIAT 00TH02130
Country of applicant: Liberia

The issue of an applicant’s nationality is integral to a claim for refugee status. In the great majority of asylum applications the nationality of the applicant is not in issue, but when it is put in doubt decision-makers must address it. Failure to do so would offend the nationality logic that underlies the refugee definition set out in Art 1A(2). The burden of proof in respect of nationality is on the applicant although the evidential burden may shift.

Date of decision: 09-06-2000
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

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
UK - Court of Appeal, 28 October 1999, Danian v Secretary of State for the Home Department [1999] EWCA Civ 3000
Country of applicant: Nigeria
Keywords: Refugee sur place

The 1951 Refugee Convention should not be interpreted so that a refugee sur place who has acted in bad faith is excluded from its protection and can be deported to his home country notwithstanding that he or she has a genuine and well-founded fear of persecution for a Convention reason and there is a real risk that such persecution may take place. Although such an applicant’s credibility is likely to be low and the claim must be rigorously scrutinised, he or she is still entitled to the protection of the Convention if a well-founded fear of persecution is accepted. 

Date of decision: 28-10-1999
UK - House of Lords, 2 April 1998, Secretary of State for the Home Department, Ex parte Adan, [1998] UKHL 15
Country of applicant: Somalia
A person who leaves his own country because of a well-founded fear of being persecuted for a Convention reason and later is unable, or, owing to that fear is unwilling, to avail himself of that country's protection even when the grounds for his fear have gone, does not have the status of a refugee.
 
In addition, in a State where there is a civil war when law and order has broken down and every group is fighting one another for political power then, to be entitled to refugee status, a group or individual the individual or group has to show a well-founded fear of persecution over and above the risk to life and liberty inherent in the civil war.
Date of decision: 02-04-1998