G v Secretary of State for the Home Department

G v Secretary of State for the Home Department

Given the rejection of the appellant's account of ill-treatment, there was no objective basis for a real risk of suicide upon removal, and the medical evidence did not establish an exceptional case under Article 3 ECHR.

Parties
Claimant/appellant: G; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
03 May 2006
Procedural Posture
Asylum and Immigration Appeal / Appeal From Asylum and Immigration Tribunal to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Asylum, Article 3 ECHR, Suicide Risk, Removal of Failed Asylum Seekers
Immigration Law Human Rights Law Asylum Article 3 ECHR Suicide Risk Removal of Failed Asylum Seekers

Case Brief

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Parties

G

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Asylum and Immigration Appeal / Appeal From Asylum and Immigration Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether removal of the appellant to Ethiopia would violate Article 3 ECHR due to risk of suicide
  2. 2 Whether the immigration judge applied the correct legal test to the suicide risk claim

Ratio Decidendi

Given the rejection of the appellant's account of ill-treatment, there was no objective basis for a real risk of suicide upon removal, and the medical evidence did not establish an exceptional case under Article 3 ECHR.

Court Disposition

appeal dismissed

Orders

  • Appellant’s application for extension of time refused
  • Respondent’s application for permission to file respondent’s notice out of time granted