Removal and HIV

The following comes from UKBA policy documents and instructions, and below is caselaw followed by a link to the BHIVA recommendations .

The Article 3 threshold
Applicants may claim that their removal from the UK would constitute a breach of Article 3 on account of their medical condition. Recent caselaw, both at domestic and Strasbourg level, has confirmed that the circumstances in which such a breach could be established will be exceptional. For guidance
please refer to the IDIs Chapter 1 Section 8 Paragraph 3.4.
[ which reads: 3.4. Human Rights Act. This paragraph has been withdrawn for updating. Claims that removal from the UK would breach Articles 3 and/or 8 of the European Convention on Human Rights because of the claimant’s medical condition should be considered in accordance with the House of Lords judgment in the case of N v SSHD (2005) UKHL31 and other relevant case law.] Continue reading “Removal and HIV”