UK - Court of Appeal, 11 November 2003, R (Bagdanavicius) v Secretary of State for the Home Department (CA) [2005] EWCA Civ 1605
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What was at stake
EDAL summary. The Court of Appeal gave guidance on the relevant factors to consider in assessing claims for protection against persecution from non-state actors under the Refugee Convention and Article 3 of the ECH...
What the court decided
The Court of Appeal dismissed the appellants' challenge to the certification of their asylum claim as unfounded, and clarified that the threshold of risk for Article 3 ECHR claims is the same as for refugee Convention claims, requiring a "reasonable degree of likelihood" of harm and an assessment of the sufficiency of state protection against non‑state actors.
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