393. Circumstances in which humanitarian protection will be granted.

A person will be granted humanitarian protection in the United Kingdom1 if the Secretary of State2 is satisfied that:

  1.  

    (1)     he is in the United Kingdom or has arrived at a port of entry in the United Kingdom3;

  2.  

    (2)     he does not qualify as a refugee4;

  3.  

    (3)     substantial grounds have been shown for believing that the person concerned, if he returned to the country of return5, would face a real risk of suffering serious harm6 and is unable, or, owing to such risk, unwilling to avail himself of the protection of that country