The case summary in English has been prepared in the framework of the Knowledge-Based Harmonisation of European Asylum Practices Project (2010-2012), co-financed by the European Refugee Fund.
Petition for Judicial Review of a decision of the Secretary of State for the Home Department dated 14 March 2008 to
refuse to treat the petitioner's representations as a fresh claim for asylum under Rule 353 of the Immigration Rules.
(1)The correct test was not whether a State had taken all reasonable steps to protect its citizens against persecution having regard to its means and resources and to the circumstances in the State at the particular time, but was whether, viewed objectively, the domestic protection offered by or available from the State to the appellant was or was not reasonably likely to prevent persecution, or alternatively, whether the State was able to provide effective protection against persecution.
(2)Although persecution is normally related to action by the authorities it may also emanate from 'sections of the population' or 'local populace' that do not respect the standards established by the laws of the country concerned.
