Another week, another big case related to medical law and immigration.
Just like the previous case of D, in N v UK, the European Court of Human Rights found that there must be a real risk of imminent death in the receiving country (at para 23). Looking at D based on its facts, the Court found that although the individual ‘N’ would die ‘within a year or two’, she did not meet the ‘exceptional circumstances’ test (at para 23).
This threshold test was very sternly applied to cases of physical illness for 20 years, despite what was arguably inhumane outcomes for many applicants, indicuals and families.
For more information on the case of N, please read the case in full here: https://www.bailii.org/eu/cases/ECHR/2008/453.html