A state is to be presumed capable of protecting its citizens, in the absence of clear and convincing evidence to the contrary. Where the evidence relevant to a protection applicant’s claim shows a willingness on the part of his country of origin to protect him, a protection decision-maker will be entitled to conclude that state protection is available to him.

An applicant who has committed serious non-political crimes in his country of origin may be excluded from refugee status pursuant to s. 2(c)(ii) of the Refugee Act 1996, notwithstanding that he has served a sentence of imprisonment for his crimes in his country of origin. In deciding to apply the exclusion clause, a protection decision-maker is not required to carry out a separate proportionality analysis over and above its assessment of the seriousness of the crimes committed by the applicant, his or her personal responsibility for them, and all the circumstances surrounding them.