TH (Pakistan) v Secretary of State for the Home Department [2015] EWCA Civ 956 (21 July 2015)

TH (Pakistan) v Secretary of State for the Home Department [2015] EWCA Civ 956 (21 July 2015)

The Secretary of State lawfully concluded that the applicant's medical condition did not meet the threshold for protection under Article 3 or Article 8 ECHR, and there were no very significant obstacles to integration in Pakistan under Rule 276ADE(vi). No arguable error of law or risk to the applicant's rights was established to justify interim relief.

Citation
[2015] EWCA Civ 956
Parties
Claimant/applicant: TH (Pakistan); Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
21 July 2015
Procedural Posture
Immigration Judicial Review Application / Renewed Oral Application for Stay and Interim Injunction Pending Permission to Apply for Judicial Review
Outcome
Application dismissed
Legal Topics
Article 3 ECHR, Article 8 ECHR, Asylum, Removal Directions, Medical Grounds, Private Life, Fresh Claim, Interim Relief
Immigration Law Human Rights Law Article 3 ECHR Article 8 ECHR Asylum Removal Directions Medical Grounds Private Life +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

TH (Pakistan)

Claimant/applicant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Immigration Judicial Review Application / Renewed Oral Application for Stay and Interim Injunction Pending Permission to Apply for Judicial Review

Legal Issues

  1. 1 Whether the Secretary of State's refusal to treat further submissions as a fresh claim was unlawful
  2. 2 Whether removal would breach Article 3 or Article 8 ECHR due to medical condition and private life
  3. 3 Whether proper arrangements were made for the applicant's transportation given his medical needs

Ratio Decidendi

The Secretary of State lawfully concluded that the applicant's medical condition did not meet the threshold for protection under Article 3 or Article 8 ECHR, and there were no very significant obstacles to integration in Pakistan under Rule 276ADE(vi). No arguable error of law or risk to the applicant's rights was established to justify interim relief.

Court Disposition

Application dismissed

Orders

  • Renewed oral application for stay and interim injunction refused