Another week, another seminal case. In Pretty v UK (2002) 35 EHRR 1, it was held , for the first time, I might add, that Article 3 ‘treatment’ can include mental suffering (at para 54). For more information on the Pretty case, please read it in full here: https://www.bailii.org/eu/cases/ECHR/2002/427.html
Tag: IMMIGRATION
N. v. THE UNITED KINGDOM – 26565/05 [2008] ECHR 453
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 … Continue reading N. v. THE UNITED KINGDOM – 26565/05 [2008] ECHR 453
D. v. the United Kingdom (1997) ECHR 25
This case of D is probably one of the most well-known and widely-sighted cases. In the case of Article 3 medical claims based on physical illness, the threshold was set by D v United Kingdom (1997) 24 EHRR 423. It meant that the previous threshold test for Article 3 medical claims were unattainably high - Firstly, … Continue reading D. v. the United Kingdom (1997) ECHR 25
AM (Zimbabwe) (Appellant) v Secretary of State for the Home Department (Respondent) [2020] UKSC 17
This week, I am talking about mental health, and starting with a recent case that made all the difference - AM Zimbabwe. Previous mental health cases had found that individuals had to be at risk of imminent death at the point of the proposed removal to a third country in order to successfully resist removal. … Continue reading AM (Zimbabwe) (Appellant) v Secretary of State for the Home Department (Respondent) [2020] UKSC 17
Begum v Special Immigration Appeals Commission and the Secretary of State for the Home Department [2020] EWCA Civ 918
In 2019 after ISIL was dislodged from Raqqah, Shamima Begum was discovered in a refugee camp in Syria. When she expressed a wish to return home to Bethnal Green, the Government wasn’t welcoming. She had left to join ISIL and she was considered a serious risk to national security. Her British citizenship was removed and … Continue reading Begum v Special Immigration Appeals Commission and the Secretary of State for the Home Department [2020] EWCA Civ 918
Secretary of State for the Home Department v Robinson (Jamaica)
Hi guys, I hope that you are all safe and well. These are very interesting times that we are living in, but I have never been more grateful for all the small things that bring joy...and this blog is one of those things. I realise that I've not posted a blog in a very long … Continue reading Secretary of State for the Home Department v Robinson (Jamaica)
X and X v Staatssecretaris van Veiligheid en Justitie (Regulation (EU) No 604/2013) Joined Cases C-47/17 and C-48/17
Regulation (EU) No 118/2014 must be interpreted as meaning that, in the course of the procedure for determining the Member State that is responsible for processing an application for international protection, the Member State which receives a take charge or take back request under Articles 21 and 23 of Regulation (EU) No 604/2013 which, after … Continue reading X and X v Staatssecretaris van Veiligheid en Justitie (Regulation (EU) No 604/2013) Joined Cases C-47/17 and C-48/17
K and B v Staatssecretaris van Veiligheid en Justitie (Directive 2003/86/EC) Case C-380/17
Article 12(1) of Directive 2003/86 does not preclude national legislation which permits an application for family reunification lodged on behalf of a member of a refugee's family, on the basis of the more favourable provisions for refugees of Chapter V of that directive, to be rejected on the ground that that application was lodged more … Continue reading K and B v Staatssecretaris van Veiligheid en Justitie (Directive 2003/86/EC) Case C-380/17
Secretary of State for the Home Department v G (Algeria) [2018] EWCA Civ 2493
It had been wrong to quash the previous decision for the principal reason given, namely that (in effect) the Claimant was entitled to ILR. But: the decision was liable to be quashed nevertheless because the Secretary of State failed properly to take into account the evidence of the impact on the Claimant of the repeated … Continue reading Secretary of State for the Home Department v G (Algeria) [2018] EWCA Civ 2493
Rahman, R (on the application of) v The Secretary of State for the Home Department [2018] EWCA Civ 1572
Following the judgment (Ahsan and Others v Secretary of State for the Home Department [2017] EWCA Civ 2009, the SSHD reviewed appeals in this court which had been stayed pending Ahsan, about 250 in number; and subsequently offered to compromise them. Most of the appellants were content with the substantive relief offered, but not with … Continue reading Rahman, R (on the application of) v The Secretary of State for the Home Department [2018] EWCA Civ 1572
