K v Secretary of State for the Home Department
| Jurisdiction | England & Wales |
| Judgment Date | 16 February 2000 |
| Neutral Citation | [2002] EWCA Civ 775 |
| Date | 16 February 2000 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Mantell LJ, Sir Christopher Staughton
T Cooray for the applicant
S Wilken for the respondent
Cases referred to in the judgments:
Carltona Limited v Commissioner of Works and orsUNK [1943] 2 All ER 560.
D v United KingdomHRCUNK [1997] 24 EHRR 423: [1997] 2 BHRC 273.
I v Secretary of State for the Home Department [1997] Imm AR 172.
Asylum refused appeal dismissed applicant suffering from AIDS refused exceptional leave to remain whether decision reasonable whether Secretary of State entitled to follow B Division Instructions limited application of Asylum Directorate Instructions. European Convention on Human Rights art. 3.
The applicant was a citizen of Uganda. He had been refused asylum by the Secretary of State: his appeal had been dismissed. He was suffering from AIDS. The Secretary of State refused to grant him exceptional leave to remain. He followed the B Division Instructions: counsel submitted that he should have followed the Asylum Directorate Instructions which were more favourable to the applicant.
Counsel additionally submitted that to return the applicant to Uganda would be a breach of article 3 of the European Convention on Human Rights: in that he relied on D v United Kingdom.
Held
1. The Asylum Directorate Instructions applied only to cases where the appellate system had not been exhausted. On the facts the Secretary of State had correctly followed the B Division Instructions.
2. In the case of D no medical facilities had been available in the appellant's home country: in the instant case it was accepted that treatment was available in Uganda, albeit some might be financially beyond the resources of the applicant.
3. However it could not be right to suggest that it would be inhuman or degrading treatment to send the applicant back to Uganda on the grounds that he might or might not be able to afford all the treatment he might require.
4. To accept that submission would be to adopt a rule that any country which did not have a health service which was available free to all people within its boundaries would be a place to which it would be inhuman and degrading to send someone.
1. Sir Christopher Staughton: Mr Cooray today renews an application for permission to apply for judicial review, which has been refused by Scott Baker J. The decision which is challenged is one which in point of form appears to be a decision of the Chief Immigration Officer at Heathrow Airport to refuse exceptional leave to enter and to issue removal directions.
2. The applicant, K, is a native of Uganda. He arrived in this country in December 1992 and applied for political asylum. In the chronology provided it is said that in June 1992 the application was...
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