expulsion or other measures
, for which the authorities can be held responsible …” (emphasis added) The applicant contended that the term “expulsion or other measures” encompasses the duration of a grant of leave. Not granting indefinite leave to remain would be one of the “other measures” which exacerbates the pre-existing mental health conditions of the applicant, he contended. 61. Ms Weston did not pursue the representations that Article 3 conferred a right to ILR. 62. The applicant also contended that his right to “psychological integrity”, encompassed within Article 8 ECHR, required him to be granted indefinite leave to remain, relying on
- JUDGMENT
- MS (India) and MT (Tunisia) v Secretary of State for the Home Department
- MS (India)
- Ground 4
- Ground 2
- Ground 3
- Ground 5
- Ground 6
- Ground 7 (original ground 1)
- Ground 8 (original ground 2)
- Ground 9 (original ground 3)
- Ground 10 (original ground 4)
- RELEVANT LAW AND POLICY
- refoulement
- Agyarko
- DISCUSSION
- Current barriers to removal
- Duration of leave
- Pretty v United Kingdom
- expulsion or other measures
- Bensaid v United Kingdom
- MS (India) and MT (Tunisia)
- Jeunesse
- Kardi v Secretary of State for the Home Department
- Kardi
- Babar
- Razgar
- Limited leave to remain on the grounds of private life in the UK may be granted for a period not exceeding 30 months
- Ruhumuliza v Secretary of State for the Home Department
- KO (Nigeria) v Secretary of State for the Home Department
- KO (Nigeria)
- due regard has been given to the medical evidence that your client has provided in support his claim that the duration of leave granted may have a future adverse effect on his mental health
- GROUNDS 8 AND 9 – EQUALITY ACT 2010
- S and Others v Secretary of State for the Home Department
- CONCLUSION