The word ‘generally’ in Article 7(2) of Council Directive 2004/83/EC (the Qualification Directive) denotes normally or in the generality of cases. Thus the operation of an effective legal system for the detection, prosecution and punishment of acts constituting persecution or serious harm and access to such system by the claimant may not, in a given case, amount to protection. Article 7(2) is non-prescriptive in nature. It prescribes neither minima nor maxima. The duty imposed on states to take ‘reasonable steps’ imports the concepts of margin of appreciation and proportionality.
McCloskey J P
[2015] UKUT 432 (IAC)
Bailii
England and Wales
Immigration
Updated: 03 January 2022; Ref: scu.551562
