US (Pakistan) v Secretary of State for the Home Department [2015] EWCA Civ 1086 (23 July 2015)

US (Pakistan) v Secretary of State for the Home Department [2015] EWCA Civ 1086 (23 July 2015)

The applicant's circumstances, including medical needs and private life, do not present an arguable point of law or sufficient evidence to outweigh the public interest in removal; the appeal is essentially a factual challenge and has no prospect of success.

Citation
[2015] EWCA Civ 1086
Parties
Applicant/appellant: US (Pakistan); Respondent/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
23 July 2015
Procedural Posture
Immigration Appeal / Renewed Application for Permission to Appeal to Court of Appeal
Outcome
Permission to appeal refused
Legal Topics
Article 8 ECHR, Medical Treatment and Removal, Proportionality, Access to Healthcare
Immigration Human Rights Article 8 ECHR Medical Treatment and Removal Proportionality Access to Healthcare

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Parties

US (Pakistan)

Applicant/appellant

Secretary of State for the Home Department

Respondent/respondent

Procedural Posture

Immigration Appeal / Renewed Application for Permission to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether removal to Pakistan would disproportionately interfere with applicant's Article 8 rights due to medical treatment needs
  2. 2 Whether the Upper Tribunal erred in its assessment of evidence regarding availability and affordability of medical treatment in Pakistan
  3. 3 Whether the correct legal test for appeal was applied

Ratio Decidendi

The applicant's circumstances, including medical needs and private life, do not present an arguable point of law or sufficient evidence to outweigh the public interest in removal; the appeal is essentially a factual challenge and has no prospect of success.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal to Court of Appeal is refused