UK - Court of Appeal, 3 January 2002, Svazas v Secretary of State for the Home Department [2002] EWCA Civ 74
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What was at stake
EDAL summary. 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 conte...
What the court decided
The court decided that when the actors of persecution feared are themselves state agents, consideration must still be given to whether the applicant can avail himself of protection, and this assessment must be made in context, taking into account factors such as the state's political will to stamp out ill-treatment and the adequacy of its systems for doing so. The court also emphasized that the seriousness of the ill-treatment should be considered, and that the more serious the ill-treatment, the more incumbent it is upon the state to demonstrate that it can provide adequate protection. The court held that the Tribunal's conclusions were inconsistent and failed to take into account the particular importance that the actors of persecution in this case were state officials.
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