State protection analysis is central to both refugee claims and non-state actor persecution. The three-part test asks: does a protection mechanism exist? Is it effective in practice? Can this specific individual access it?
MOJ (Somalia) [2014] and related authority establish that protection must be effective, not merely theoretical. Persecution experts analyse legal frameworks, documented outcomes, and profile-specific accessibility of protection.
Where non-state actors are the persecutors, the state must be unable or unwilling to provide effective protection. Expert reports address both the severity of non-state conduct and the state's response to similar targeting.
Frequently Asked Questions
When is state protection analysis most critical?
State protection is central to non-state actor claims, domestic violence cases, and any claim where the Home Office argues that effective protection is available. Persecution experts provide the independent analysis tribunals require.
What sources do experts use for state protection analysis?
CPINs, UNHCR reports, NGO documentation, human rights reports, tribunal decisions, and field research. Experts assess both the existence of legal protection mechanisms and their effectiveness in practice for the specific appellant profile.