| SOTTAEV v SSHD (31/01/06) - suicide rish |
| Written by Emma Ginn | |
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There have been several recent cases where an applicant's removal has been contested on the basis that there will be insufficient mechanisms to protect him from suicide in his country of origin.
None of these have yet been successful. In this case, however, it was determined that the UK would be incapable of protecting the applicant from taking his own life if he was taken into the removal process. The immigration judge relied heavily on the expert evidence of the applicant's treating physician. The case reveals the importance of clear, consistent and detailed evidence from a knowledgable and involved medical practitioner. Although this case does not refer to it, the immigration judge's determination is very much in the spirit of Miao v SSHD [2006] EWCA Civ 75, where the Court of Appeal struck down an immigration judge's decision for not having taken the medical expert's evidence as to risk of suicide properly into account, and sent the decision back to the SSHD to be made on a proper footing. SOTTAEV v SSHD (31 January 2006) |