Court of Appeal rules that Paposhvili decision has no effect on Article 8 medical cases

The Court of Appeal has ruled that the Strasbourg decision in Paposhvili v Belgium (application no. 41738/10) has no effect on cases where someone relies on Article 8 of the European Convention on Human Rights to claim that they should not be removed from the UK because of a lack of medical treatment in their country of origin. In SL (St Lucia) v Secretary of State for the Home Department [2018] EWCA Civ 1894, the court considered the case of a woman from St Lucia who suffered from mental health problems so serious that she had been unable to give oral evidence in the First-tier Tribunal. Her counsel argued that Paposhvili had…

Categories