Regina (T and Another) v Secretary of State for Health and Another: QBD 29 Jul 2002

The applicant sought financial support whilst her application for asylum was considered. She was HIV positive, and had a child to breastfeed. Without financial assistance she would have to breast feed causing a risk of transmitting HIV to her child.
Held: The Secretary of State should have seen her circumstances as sufficiently exceptional to deserve reconsideration. The possible appalling consequences must justify considering why she should not breast feed.

Judges:

Sir Edwin Jowitt

Citations:

Times 05-Sep-2002, Gazette 10-Oct-2002

Statutes:

Immigration and Asylum Act 1999 96(2)

Jurisdiction:

England and Wales

Immigration, Benefits

Updated: 26 May 2022; Ref: scu.174767