Kandrac, R (on the application of) v Secretary Of State For Home Department [2001] EWCA Civ 1575 (22 October 2001)

Kandrac, R (on the application of) v Secretary Of State For Home Department [2001] EWCA Civ 1575 (22 October 2001)

The Czech Republic is generally able and willing to provide protection to Roma, and individual failures by police do not amount to a lack of state protection. The applicant's claim did not demonstrate a sustained pattern of persecution knowingly tolerated by authorities or an inability/unwillingness of the state to protect. Therefore, the certification of the claim as manifestly unfounded was lawful.

Citation
[2001] EWCA Civ 1575
Parties
Claimant/applicant: Ivan Kandrac; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
22 October 2001
Procedural Posture
Judicial Review (asylum) / Application for Permission to Appeal (post Refusal of Permission for Judicial Review)
Outcome
Application for permission to appeal refused
Legal Topics
Asylum, State Protection, Manifestly Unfounded Claims, Certification of Asylum Claims
Immigration Law Administrative Law Asylum State Protection Manifestly Unfounded Claims Certification of Asylum Claims

Case Brief

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Parties

Ivan Kandrac

Claimant/applicant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Judicial Review (asylum) / Application for Permission to Appeal (post Refusal of Permission for Judicial Review)

Legal Issues

  1. 1 Whether the Czech Republic provides sufficient state protection to Roma to satisfy the Horvath test for asylum
  2. 2 Whether the Secretary of State's certification of the asylum claim as manifestly unfounded was lawful

Ratio Decidendi

The Czech Republic is generally able and willing to provide protection to Roma, and individual failures by police do not amount to a lack of state protection. The applicant's claim did not demonstrate a sustained pattern of persecution knowingly tolerated by authorities or an inability/unwillingness of the state to protect. Therefore, the certification of the claim as manifestly unfounded was lawful.

Court Disposition

Application for permission to appeal refused

Orders

  • Application refused