Case No. UKUT-00092-(IAC)

[2006] EWCA Civ 682 the Court of Appeal highlighted that the issue is not merely whether the authorities are willing to provide protection, but whether they are capable of providing the particular individual with adequate protection. This chimes with Article 7 of the Qualification Directive, which requires individualised assessment of whether there is sufficient protection, stating that protection is “generally” provided when the actors: “take reasonable steps to prevent the persecution or suffer ing of serious harm, inter alia , by operating an effective legal system for the detection, prosecution and punishment of acts constituting persecution or serious harm, and the applicant has access to such protection.” 19.It is also important to consider the extent to which there are organisations outside of the framework of the state that are able and willing to assist in providing protection, for example, by making complaints on behalf of individuals.20.I must consider whether persecution extends to the whole of the country and if it does not whether the appellant can be reasonably expected to relocate to another part of the country - see SSHD