The applicants appealed against orders for them to be returned to Sri Lanka where they would be subject to arrest and where there were uncontested findings that they had already been tortured and raped whilst in official custody before fleeing Sri Lanka.
Held: It would infringe the applicants’ human rights to order their return under such circumstances. There was a real risk of suicide if they were ordered to return, and the court was entitled to give weight to that in addition to any matters identified in J.
Lord Justice Sedley, Lady Justice Arden and Lord Justice Moses
[2009] EWCA Civ 362, Times 05-May-2009, [2009] HRLR 22
Bailii
European Convention on Human Rights 83
England and Wales
Citing:
Cited – J v Secretary of State for the Home Department CA 24-May-2005
The applicant, a Tamil threatened to commit suicide if returned to Sri Lanka. It had been accepted by the Home Secretary that he suffered from post traumatic stress disorder and depression. The medical evidence was that ‘His prognosis (was) . .
Cited by:
Cited – AN (Pakistan) v Secretary of State for The Home Department CA 6-Jul-2010
The claimant appealed against refusal of indefinite leave to remain. She said that she feared if she returned to Pakistan she would be subject to domestic violence. Though her husband had received prison sentences of three years for offences of . .
Lists of cited by and citing cases may be incomplete.
Immigration, Human Rights
Updated: 01 November 2021; Ref: scu.341572