UK - Court of Appeal, 6 November 2008, PS (Sri Lanka) v Secretary of State for the Home Department [2008] EWCA Civ 1213
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What was at stake
EDAL summary. 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 a...
What the court decided
The Court of Appeal decided that the Tribunal erred in its assessment of state protection available to the applicant in her home area of Jaffna, Sri Lanka. The court found that the applicant's past experiences of rape by government soldiers, who acted with impunity, indicated a real risk of future harm, and thus she was entitled to subsidiary protection.
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Authoritative link
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