Source: All England Reporter
Publisher Citation: [2005] All ER (D) 326 (Nov)
Neutral Citation: [2005] EWCA Civ 1421
Court: Court of Appeal, Civil Division

Buxton, Sedley and Jonathan Parker LJJ

Representation 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.
Judgment Dates: 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.

The Case

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.

Practice Areas

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