Pakistani boy wins NHS legal fight
Tuesday 22nd October 2013, 6:11PM BST.
A sick Pakistani teenager who wants to continue receiving NHS treatment has won the latest round of a legal fight to stay in the UK.
Home Secretary Theresa May had refused to allow the 16-year-old and his mother to remain after they arrived 15 months ago on six-month visitor visas.
The teenager then failed to persuade an immigration tribunal to overturn that decision.
But the Court of Appeal has ordered immigration judges to reconsider the case.
Three appeal judges said – in an written judgment published following a hearing in London in September – that an immigration tribunal’s handling of the case was “flawed”.
Appeal judges were told that the teenager had a blood disorder which was “very serious”.
They said there was no doubt that healthcare available in Pakistan was of a “significantly lower quality” than treatment in the UK.
Lawyers for the boy argued that his right to private life and his right not to suffer degrading or inhumane treatment – both enshrined in the European Convention on Human Rights – were under threat.
“(The claim) is to the effect that to return (him) to Pakistan, as the Secretary of State seeks to do, would be to subject him to inhuman treatment or would unlawfully interfere with his right to respect for his private life,” said Lord Justice Maurice Kay, one of the appeal court panel.
“His case is that, if returned, he would probably die in his late teens or early 20s, whereas in this country he would have a much longer and better life.”
Lord Justice Maurice Kay said the teenager’s appeal would be allowed and his case sent to an immigration tribunal for rehearing.
“The real issue is proportionality,” said the judge. “The difficult question is whether it would be disproportionate to remove this child in the light of all the evidence in the case, including the medical evidence.”
He said the teenager should not be identified.