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R (on the application of KRISHNAPILLAI) v SECRETARY OF STATE FOR THE HOME DEPARTMENT

Mental health problems could engage rights under the European Convention on Human Rights 1950 art.8 and make it disproportionate to separate a claimant from her family by ordering her removal. However, only in exceptional circumstances would a claimant be allowed to resist removal and remain in the United Kingdom on grounds of ill health and that applied similarly to the risk of suicide or self-harm.

16 September 2008


The claimant (K) sought judicial review of the decision to remove her from the United Kingdom. K, a Sri Lankan national, had entered the UK and claimed asylum. Following some delay, her claim was refused by the defendant secretary of state. K appealed against that decision and sought to remain in the UK on the basis that to return her would violate her right to family life under the European Convention on Human Rights 1950 art.8, as she lived with her sister and had established a life for herself in the UK. The special adjudicator upheld the secretary of state’s decision and K made further applications for indefinite leave to remain under the long residence concession. In support of her applications,

K submitted a letter from her general practitioner, dated two years previously, which stated that she suffered from post-traumatic stress disorder and depression with some suicidal thoughts. Her applications were rejected and arrangements were made for her removal. On the ...

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