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This case concerned the assessment and reason given that the Applicant had not been subjected to “serious harm” in the past, in circumstances where the decision was unclear as to whether the finding was to the effect that his account was not believed, or whether, if believed, the harm was not inflicted by persons who were "actors of serious harm". The Court also considered the definition of “actors of serious harm.” Thirdly, the Court considered whether the decision-maker ignored the specific claim made in the application that returned asylum seekers face a risk of detention,...
This was the substantive hearing of a case in which leave to seek judicial review of a subsidiary protection decision was granted on the basis that (a) it was arguably erroneous to conclude that because State protection was available in respect of the actions of non-State agents who inflicted serious injury on the Applicant, the said injury could not amount to "serious harm;" and (b) The decision failed to consider whether, arising out of the previous harm suffered by the Applicant, compelling reasons existed to warrant a determination that she was eligible for subsidiary protection. The...
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