1. In order for an applicant, who relies upon medical grounds, to meet the requirements for humanitarian protection under Article 15(b) of the Qualification Directive (‘QD’) s/he must demonstrate that substantial grounds exist for believing there to be a real risk of serious harm by virtue of actors of harm (as defined by Article 6 QD) intentionally depriving that individual of appropriate health care in that country.
2. To establish the intentionality requirement the individual will have to show by evidence a sufficiently strong causal link between the conduct of a relevant actor and the deprivation of health care. Reliance on a degradation of health care infrastructure/provision on the basis of the generalised economic and/or security consequences of an armed conflict in the country of origin will not, in general, suffice.
3. By contrast, Article 3 ECHR cases based on medical grounds do not require intentionality on the part of a third party.
Citations:
[2021] UKUT 259 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 27 March 2022; Ref: scu.671700