Bagdanavicius v Secretary of State for the Home Department

The Court of Appeal considered the test that needs to be satisfied by asylum seekers who allege that they are at risk of ill-treatment by non-state agents in their home country, and whether the test is different depending on whether the applicant relies on the Refugee Convention or the European Convention on Human Rights. The Court concluded that the test is the same for both Conventions and involves consideration of the extent to which the home country provides effective protection against ill-treatment.