||All England Reporter
|| All ER (D) 139 (Nov)
|| EWCA Civ 1328
||Court of Appeal, Civil Division
Auld, Moore-Bick LJJ and Sir Peter Gibson
||Peter Jorro (instructed by Birnberg Peirce & Partners) for the claimant.
||Parishil Patel (instructed by the Treasury Solicitor) for the Secretary of State.
||10 November 2005
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.
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.
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