Okonkwo (Legacy/Hakemi; Health Claim) Nigeria: UTIAC 30 Jul 2013

UTIAC (1) It may be unfair for the Secretary of State to fail to apply the terms of a policy to a case that fell within the terms of the policy when it was in existence: Hakemi and others [2012] EWHC 1967 (Admin), and Mohammed [2012] EWHC 3091 Admin considered.
(2) Chapter 53 of the EIG Instructions as in force December 2011 did not mean that any adult who had lawfully resided in the UK for six years had an expectation of discretionary leave to remain, applying former rule 395C together with the policy then in force.
(3) An appellant who has been provided with an organ transplant during a period of lawful leave to remain, and the viability of the success of the transplant would be prejudiced by loss of effective access to immune-suppressant medication may well have a good claim to remain under Article 8 ECHR: see JA (Ivory Coast) ES (Tanzania) v SSHD [2009] EWCA Civ 1353; GS and EO (Article 3- health cases) [2012] UKUT 397; and Akhalu (health claim: ECHR Article 8)[2013] UKUT 400 (IAC) considered; but the argument must be advanced to the First tier judge before it can be said that there was an error of law in failing to deal with it.

[2013] UKUT 401 (IAC)
England and Wales


Updated: 20 November 2021; Ref: scu.515453