Source: All England Reporter
Publisher Citation: [2005] All ER (D) 139 (Nov)
Neutral Citation: [2005] EWCA Civ 1328
Court: Court of Appeal, Civil Division
Judge:

Auld, Moore-Bick LJJ and Sir Peter Gibson

Representation Peter Jorro (instructed by Birnberg Peirce & Partners) for the claimant.
  Parishil Patel (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 10 November 2005

Catchwords

Immigration - Leave to enter - Asylum - Human rights - Freedom from inhuman or degrading treatment - Right to respect for private and family life - Deterioration in claimant's mental health if returned - Whether deterioration in claimant's mental health amounting to disproportionate violation of human rights - Human Rights Act 1998, Sch 1, Pt 1, arts 3, 8.

The Case

Only in the most exceptional cases would the return of a person to his country of origin be likely to infringe his human rights contrary to arts3 or 8 of the European Convention on Human Rights because of the effect that was likely to have on his physical or mental health.

Practice Areas

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