Updates, commentary and advice on immigration and asylum law
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HIV/AIDS cases

HIV/AIDS cases

Permission to appeal to the Court of Appeal has been granted in at least three cases to look at the question of in what circumstances a person with HIV/AIDS might succeed in establishing a right to remain in the UK on the basis that their removal to another country would breach their Article 3 or 8 human rights. Since the case of N v The United Kingdom there has been little or no reported case law on this very difficult issue, although a number of different arguments and approaches have been tested.

In the grant of permission I came across, KH (Afghanistan) v SSHD [2009] EWCA Civ 836, even Lord Justice Sedley doesn’t hold out much hope for success, but he finds that it is at least arguable and mentions at the end of the short judgment that permission was granted in two other cases that day.

Free Movement

The Free Movement blog was founded in 2007 by Colin Yeo, a barrister at Garden Court Chambers specialising in immigration law. The blog provides updates and commentary on immigration and asylum law by a variety of authors.

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