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England and Wales Court of Appeal (Civil Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> PP (Sri Lanka) v Secretary of State for the Home Department [2014] EWCA Civ 1828 (11 December 2014) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2014/1828.html Cite as: [2014] EWCA Civ 1828 |
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ON APPEAL FROM THE UPPER TRIBUNAL
(IMMIGRATION AND ASYLUM CHAMBER)
(DEPUTY UPPER TRIBUNAL JUDGE PARKES)
Strand London, WC2A 2LL |
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B e f o r e :
LORD JUSTICE FLOYD
MR JUSTICE BEAN
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PP (SRI LANKA) | Appellant | |
-v- | ||
SECRETARY OF STATE FOR THE HOME DEPARTMENT | Respondent |
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Mr W Hays (instructed by the Treasury Solicitor) appeared on behalf of the Respondent
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Crown Copyright ©
"All claims lodged by Sri Lankan asylum-seekers, whether on the basis of the refugee criteria contained in the 1951 Convention, or complementary forms of protection based on human rights obligations need to be considered on their own merits according to fair and efficient status determination procedures and up-to-date and relevant country of origin information.
More specifically, the possible risks facing individuals with the profiles outlined below require
Particularly careful examination. UNHCR considers that individuals with these profiles – though this
List is not exhaustive – may be, and in some cases are likely to be in need of international refugee protection depending on the individual circumstances of their case."
"We have not been taken to evidence relating to children or to LGBTI individuals and the guidance in this determination does not therefore deal separately with women, children or LGBTI individuals."
"A number of factors have been cited in various reports as contributing to increased insecurity and vulnerability of women in the north and east of Sri Lanka. The most relevant include the following: a) large numbers of female-headed households in the areas most affected by the armed conflict; b) women's weak economic position; c) high militarization, including dependency on security forces for access to detained family members; d) impunity and weak administration of justice; e) prostitution and vulnerability to trafficking in displacement or post-relocation; and f) the vulnerable position of former female LTTE cadres and war widows."
"There is no evidence to suggest that females in Sri Lanka form a risk category in addition to the risk categories identified in the case of GJ."
"The threat of a revived LTTE is also used to justify militarisation in the north. NGOs recorded incidences of sexual abuse to Tamil men and women. Tamil women, especially ex LTTE cadres, widows and the wives of disappeared or 'surrenderees' are vulnerable to sexual harassment, exploitation or assault by army personnel or other militias."