IA/34446/2015

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The decision


IAC-FH-AR-V1

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/34446/2015


THE IMMIGRATION ACTS


Heard at Field House
Decision & Reasons Promulgated
On 12 October 2016
On 19 December 2016




Before

THE RIGHT HONOURABLE LORD BOYD OF DUNCANSBY
(SITTING AS A JUDGE OF THE UPPER TRIBUNAL)
DEPUTY UPPER TRIBUNAL JUDGE MURRAY


Between

renu renu
(anonymity direction NOT MADE)

Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

Representation:

For the Appellant: Mr D Neale, Counsel, instructed by Abbott Solicitors
For the Respondent: Mr N Bramble, Home Office Presenting Officer


DECISION AND REASONS

1. The appellant is a citizen of India who appeals against a decision of the Secretary of State for leave to remain in the UK on human rights grounds due to her medical condition. That appeal was refused by First-tier Tribunal Judge Callow by a decision promulgated on 14 April 2016.

2. Mr Neale represented her at the hearing of this appeal today and very helpfully submitted detailed grounds. In short this is a lady who is very serious ill. The details of her medical condition are set out in the First-tier Tribunal's decision. It is accepted by Judge Callow that the appellant is not fit to be removed from this country by air. Nevertheless he goes on to say that there is no good reason why she should not be removed with appropriate medical assistance by land or sea.

3. There was no evidence as to how that might be achieved and no reasoning to support that conclusion. It is clear on the authorities that the act of removal of a person may in exceptional circumstances engage Article 3 and it appears to us that that might very well be the case here.

4. Mr Bramble relied on his Rule 24 repose but beyond that made no submission.

5. For the reason stated above we consider that there is an error law and accordingly we will allow the appeal.

6. Mr Neale submitted that the matter should return to the First-tier Tribunal. That would enable an application to be made for legal aid and for a proper medical assessment to be undertaken for submission to the First-tier Tribunal. We think that is the right thing to do in the circumstances. We note that there were other grounds of appeal which we have not considered. However given the appellant's deteriorating medical condition we consider that it should be a fresh determination on all issues.

7. Accordingly we shall allow the appeal and remit the case to the First-tier Tribunal.

Notice of Decision

The appeal is allowed.

No anonymity direction is made.



LORD BOYD OF DUNCANSBY
Sitting as a Judge of the Upper Tribunal
(Immigration and Asylum Chamber)

Date: