Amer Rahman discusses recent landmark case.
The Supreme Court recently found in favour of a man from Zimbabwe facing deportation.
Although given indefinite leave to remain in the UK in 2000. He was subsequently convicted of a serious crime and given a Deportation Order. The offences convicted of include battery and possession of a firearm. He is HIV positive and therefore requires antiretroviral therapy (“ART”).
The argument is that he could not access the relevant ART in Zimbabwe. Therefore more susceptible to infections and lapse into AIDS.
Initially he appealed the Deportation Order based on Article 8 of the European Convention on Human Rights . This is the right to “respect one’s private and family life”, which failed. It was felt that Article 3 right prohibiting “torture, and inhuman or degrading treatment or punishment”, was unlikely to help. This is due to a case of a Ugandan woman in a similar situation. She had been deported to Uganda despite her HIV. The judge found she was not at imminent risk of death.
However, there is currently a landmark case in the European Court of Human Rights, involving a Georgian national. The case ruled that the man, with leukaemia, “although was not at an imminent risk of dying, would face a real risk.” This is due to Georgia’s lack of access to treatment for leukaemia patients.
This gave the Zimbabwean an argument under Article 3. His team argued successfully that it would be inhumane to deprive him of receiving his ART. He would face a similar potential risk.
What does this mean?
That this case is the new precedent in the UK. Article 3 of the European Convention on Human Rights should protect those that face either:
- serious, rapid irreversible decline in health; or
- reduced life expectancy.
How can we help?
If you are applying for leave to remain and are suffering from a serious illness then ensure that you provide us with relevant medical evidence as well as the lack of access to support in your home country.
If you are looking for support with your immigration case or you have a medical condition that you think this case relates too, then get in touch or call on 0207 242 1666.