Racial harassment consisting of behaviour not condoned by the state could not amount to torture. Differences in the apparent definitions of torture did not mean that a lower standard applied. Racist behaviour not condoned by the state, and which in this case did no extend beyond discrimination and harassment did not amount to torture. The torture referred to in the paragraph must relate to the substantive claim for asylum,and not to something extraneous. The torture must be either by the state or, if by non-agents then the state must be shown to have refused or been incapable of providing protection.
Citations:
Times 29-Nov-2000
Statutes:
Jurisdiction:
England and Wales
Immigration
Updated: 05 June 2022; Ref: scu.88645