Sekou Louis Telesphore Ouattara Against The Secretary Of State For The Home Department
| Jurisdiction | Scotland |
| Judge | Lord Malcolm,Lady Clark Of Calton,Lady Paton |
| Neutral Citation | [2019] CSIH 36 |
| Date | 09 July 2019 |
| Docket Number | P650/17 |
| Court | Court of Session |
| Published date | 09 July 2019 |
EXTRA DIVISION, INNER HOUSE, COURT OF SESSION
[2019] CSIH 36
P650/17
Lady Paton
Lady Clark of Calton
Lord Malcolm
OPINION OF THE COURT
delivered by LADY PATON
in the reclaiming motion
by
SEKOU LOUIS TELESPHORE OUATTARA
Petitioner and reclaimer;
against
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent:
Petitioner and reclaimer: Caskie; Drummond Miller LLP
Respondent: R Anderson; Office of the Advocate General
9 July 2019
Introduction
[1] The petitioner, Mr Ouattara, was born on 18 June 1970. He is a French-speaking
citizen of the Ivory Coast, Africa. He left the Coast in 2004 at a time of civil war, believing
that he was being targeted by pro-President Laurent Gbagbo forces on the basis of his name,
religion, region, and political views (see page 2 of the First Tier Tribunal decision dated 23
May 2011). His wife and child remained in the Coast. He has no relatives in the UK.
2
[2] The petitioner initially travelled to France. He arrived in the UK on 9 March 2011,
seeking asylum. He made various asylum and human rights applications and appeals,
latterly focusing upon his mental health problems and his private and family life (Article 8
of the ECHR). He has been diagnosed as suffering from PTSD and a depressive disorder
with psychotic symptoms, for which he has received treatment in the UK. All of the
petitioner’s applications and appeals were refused, including his latest dated 3 February
2017, argued (but not accepted) to be a fresh claim for asylum and/or human rights in terms
of Immigration Rule 353. In the Secretary of State’s decision letter dated 20 April 2017, the
petitioner’s submissions were noted as follows:
You claim that removal to the Ivory Coast would breach your rights under
Article 3 (Medical) of [the] ECHR, on the grounds of your mental health, as
well as the treatment available in the Ivory Coast. You also claim that
removal would breach your Article 8 rights.
You claim that removal will interrupt your ongoing treatment and support in
the United Kingdom and that you would potentially be forced to live on the
streets as highlighted in paragraph 6 of the 22 page US Department of State
report you have submitted.
You claim that you are vulnerable and are in a position [where] you are
unable to travel.
You also claim that removal would be a disproportionate breach of your
private life in terms of Article 8 of the ECHR.
In support of his application, the petitioner enclosed:
Letter from Peter G Farrell solicitor dated 2 March 2017.
Further submissions pro forma.
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