Helping detainees in need of medical assistance

BRIEFING NOTE – Medical Justice & Ors v SSHD – Adults at Risk

Monday, November 6th, 2017

BRIEFING NOTE and judgement
Medical Justice & Ors v SSHD, EHRC intervening [2017] 2461 (Admin)
In a judgment handed down on 10 October 2017, Mr Justice Ouseley declared that the use of a definition of torture based on the definition in Article 1 of the UN Convention Against Torture (“the UNCAT definition”) in the Adults at Risk Statutory Guidance (AARSG) was unlawful, because it excluded from its ambit victims of torture covered by the definition in the previous policy who the evidence showed were particularly vulnerable to harm in detention, was contrary to the purpose of section 59 of the Immigration Act 2016 (IA 2016), and lacked a rational or objective evidence base.

MJ briefing note FINAL

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