Visit JCPCUKSC/2018/0048
•
IMMIGRATION
AM (Zimbabwe) (Appellant) v Secretary of State for the Home Department (Respondent)
Case summary
Case ID
UKSC/2018/0048
Parties
Appellant(s)
AM
Respondent(s)
Secretary of State for the Home Department
Issue
The Supreme Court is asked to consider whether to return AM to Zimbabwe would violate his right under Article 3 of the European Convention on Human Rights not to be subjected to inhuman treatment by reason of his medical condition, in light of the decision of the European Court of Human Rights in Paposhvili v Belgium [2017] Imm AR 867.
Facts
AM was born in 1987 and is a national of Zimbabwe. He arrived in the UK in 2000 to join his mother, and he was granted indefinite leave to remain in 2004. In 2006, AM was convicted of a number of criminal offences and sentenced to a total of 12 months’ imprisonment. In 2009, AM was convicted of offences relating to possession of a firearm and supply of heroin, and he was sentenced to nine years’ imprisonment. The Secretary of State seeks to deport AM. However, AM is HIV positive. He was placed on the anti-retroviral medication, Eviplera, after having first tried another medication which produced significant side-effects. If AM is deported to Zimbabwe, a range of anti-retroviral medications would be available, but not Eviplera.At a hearing before the First-tier Tribunal, counsel then appearing for AM relied on AM’s medical condition and the limits on treatment available to him, in addition to the impact of his deportation on his wife and child, to advance a claim based on Article 8 of the European Convention on Human Rights. The First-tier Tribunal dismissed the claim. AM appealed, and the appeal was dismissed by the Upper Tribunal. In the Court of Appeal, AM based his appeal on Article 3, rather than Article 8, of the European Convention on Human Rights. The Court of Appeal dismissed the appeal. AM appealed to the Supreme Court.
Date of issue
15 March 2018
Judgment appealed
Judgment details
Judgment date
29 April 2020
Neutral citation
[2020] UKSC 17
Judgment links
Judgment summary
29 April 2020
All videos on this page are recorded and transmitted in line with the Court's terms of use. These can be found here.. Please Note: Every effort is being made to provide a satisfactory streaming service of the Supreme Court judgments and hearings. However, these services may be subject to technical issues or delay, in which case we will attempt to resolve them as soon as possible.
Appeal
Justices
Hearing dates
Start date
4 December 2019
End date
4 December 2019
Change log
Last updated 16 April 2024