Source: All England Reporter
Publisher Citation: [2002] All ER (D) 404 (May)
Court: Court of Appeal, Civil Division
Judge:

Laws, Mance LJJ and Sir Martin Nourse

Representation Richard Scannell and Glen Hodgetts (instructed by Wilson & Co) for the claimant.
  Jenni Richards (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 27 May 2002

Catchwords

Immigration - Leave to enter - Refugee - Asylum - Claimant having fear of persecution from non-state agents - Whether police in claimant's home state unwilling or unable to provide protection from persecution.

The Case

An asylum-seeker had first to exhaust all available protection from the State before seeking surrogate protection from the international community. On the facts of the instant case, the Immigration Appeal Tribunal had been entitled to conclude that the claimant would not be granted refugee status as there was adequate State protection in the Czech Republic against persecution from non-State agents.

Practice Areas

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