EG, Re Application for Judicial Review [2011] ScotCS CSOH_97 (07 June 2011)

EG, Re Application for Judicial Review [2011] ScotCS CSOH_97 (07 June 2011)

The omission to consider the specific non-availability of Darunavir in Zimbabwe was not material, as the petitioner could not satisfy the high threshold established in N v United Kingdom for health-related Article 3 ECHR claims. The Border Agency's determination was lawful and properly concluded that there was no realistic prospect of success before an Immigration Judge.

Citation
[2011] ScotCS CSOH_97
Parties
Pursuer: E G; Defender: Secretary of State for the Home Department
Jurisdiction
Scotland
Judgment Date
07 June 2011
Procedural Posture
Judicial Review / Final Judgment
Outcome
petition dismissed
Legal Topics
Asylum, Article 3 ECHR, Article 8 ECHR, Health Related Removal, Fresh Claim Determination
Immigration Human Rights Asylum Article 3 ECHR Article 8 ECHR Health Related Removal Fresh Claim Determination

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 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

E G

Pursuer

Secretary of State for the Home Department

Defender

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Border Agency's determination that further submissions did not amount to a fresh claim under Rule 353 was lawful
  2. 2 Whether removal of the petitioner to Zimbabwe would breach Article 3 ECHR due to health grounds

Ratio Decidendi

The omission to consider the specific non-availability of Darunavir in Zimbabwe was not material, as the petitioner could not satisfy the high threshold established in N v United Kingdom for health-related Article 3 ECHR claims. The Border Agency's determination was lawful and properly concluded that there was no realistic prospect of success before an Immigration Judge.

Court Disposition

petition dismissed

Orders

  • petitioner's plea repelled
  • respondent's plea sustained