||All England Reporter
|| All ER (D) 326 (Nov)
|| EWCA Civ 1421
||Court of Appeal, Civil Division
Buxton, Sedley and Jonathan Parker LJJ
||Nicholas Blake QC and Femi Omere (instructed by the Terrence Higgins Trust) for the claimant.
||Lisa Giovannetti (instructed by the Treasury Solicitor) for the Secretary of State.
||24 November 2005
Immigration - Deportation - Expiration of leave to remain in United Kingdom - Human rights - Freedom from inhuman or degrading treatment - Right to respect for private and family life - Claimant diagnosed as HIV positive - Treatment difficult or impossible to obtain if returned - Whether difficulty in obtaining treatment amounting to violation of human rights - , Sch 1, Pt 1, arts 3, 8.
In the circumstances, the Immigration Appeal Tribunal had had jurisdiction to consider the Secretary of State's appeal against the adjudicator's decision that to return the claimant to Zimbabwe would be contrary to art3 of the European Convention on Human Rights, on the basis that she would receive inadequate treatment for HIV. Further, where the criteria for engaging arts3 and 8 of the Convention had not been met, and the appeal tribunal had been right to reject the claimant's arguments asserting her rights under it.
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