UTIAC (i) The fact that life expectancy is dramatically shortened by withdrawal of medical treatment in the host state is in itself incapable of amounting to the highly exceptional case that engages the Article 3 duty.
(ii) There are recognised departures from the high threshold approach in cases concerning children, discriminatory denial of treatment, absence of resources through civil war or similar human agency.
(iii) Article 8 cases may also require a different approach and will do so where health questions arise in the context of obstacles to relocation.
(iv) Any extension of the principles set out in N v SSHD [2005] UKHL 31 and N v United Kingdom (2008) 47 EHRR 39 will be for the higher courts.
Judges:
Blake J P, Grubb, Kebede UTJJ
Citations:
[2012] UKUT 397 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration, Health
Updated: 09 November 2022; Ref: scu.466456
