- Considered — The Secretary of State for the Home Department v PF (Nigeria) 2019-07-04
“…ood (at [94]) framed the test in similar terms. The test was endorsed by the Grand Chamber of the European Court of Human Rights (“ECtHR”) in N v United Kingdom(2008) 47 EHRR 39 (“N (ECtHR)”). This so-called “death bed test” was considered to be an appropriate balance between the rights of the individual and the interests of the Contra…”
- Cited — MM (Malawi) & Anor v the Secretary of State for the Home Department 2018-11-09
“…the Home Department[2005] UKHL 31; [2005] 2 AC 296 (“N”), as endorsed by the Grand Chamber of the European Court of Human Rights (“ECtHR”) in N v United Kingdom(2008) 47 EHRR 39.…”
- Cited — SL (St Lucia) v The Secretary of State for the Home Department 2018-08-07
“…Mr Paposhvili’s claim was dismissed by the Fifth Section of the ECtHR, by a majority, by reference to the test in N v United Kingdom(2008) 47 EHRR 39, under which the category of exceptional situations in which article 3 would prevent removal to another country with lesser standards of healthcare was confine…”
- Applied — MI (Palestine) v Secretary of State for the Home Department 2018-07-31
“…l and social services needed to prevent acute suffering whilst he was dying. That decision was upheld by the European Court of Human Rights: N v United Kingdom (2008) 47 EHRR 39 which said that in medical cases Article 3 only applied in very exceptional cases particularly as the suffering was not the result of an intentional act or omi…”
- Cited — MI (Palestine) v Secretary of State for the Home Department 2018-07-31
“…hen such a case would constitute a violation of Article 3, effectively limited to “deathbed” cases: D v United Kingdom (1997)24 EHRR 423 and N v United Kingdom (2008) 47 EHRR 39. He cited at [50] of his judgment [42] and [43] of the judgment of the Strasbourg Court in N:…”
- Cited — AM (Zimbabwe) & Anor v The Secretary of State for the Home Department 2018-01-30
“…e approach laid down by the House of Lords in that case was endorsed by the Grand Chamber of the European Court of Human Rights (“ECtHR”) in N v United Kingdom (2008) 47 EHRR 39. However, a question arises whether the test for application of Article 3 in this context should now be adjusted in light of the further Grand Chamber judgment…”