Howarth v Secretary of State for the Home Department: CA 8 Dec 1999

The degree of protection from non-state persecution available to an asylum seeker is a relevant factor. Where that protection was inadequate for reasons not related to the nature of that persecution, that also was relevant. It affected the issues of whether persecution existed, whether the fear of it was well founded, and whether the fear of persecution made the protection of the state unavailable. A state cannot guarantee the safety of its citizens.

Citations:

Times 08-Dec-1999

Statutes:

Convention and Protocol relating to the Status of Refugees 1951 1A

Jurisdiction:

England and Wales

Immigration

Updated: 10 May 2022; Ref: scu.81501