- Cited — Secretary of State for the Home Department v JS (Uganda) 2019-10-10
“…er and legal advisers did not appreciate it until a late stage in the proceedings. The point is not ‘Robinson obvious’ (c.f. Underhill LJ in GS (India) v. SSHD [2015] 1 WLR 3312 at [88]-[89]). Third, the point in question is a pure point of law as to the definition of…”
- Cited — ASK, R (On the Application Of) v The Secretary of State for the Home Department 2019-07-16
“…o benefit from medical assistance (N vUnited Kingdom (2008) 47 EHRR 885 at [42], and GS (India) v Secretary of State forthe Home Department [2015] EWCA Civ 40; [2015] 1 WLR 3312 at [67]).…”
- Cited — The Secretary of State for the Home Department v PF (Nigeria) 2019-07-04
“…v Secretary of State for the HomeDepartment[2012] EWCA Civ 279 (“MM (Zimbabwe)”) and GS (India) v Secretaryof State for the Home Department [2015] EWCA Civ 40; [2015] 1 WLR 3312 (“GS(India)”), which, in the words of Sales LJ in AM (Zimbabwe) at [6], “brought the test under article 3 and the approach under article 8 into close alignment…”
- Explained — MM (Malawi) & Anor v the Secretary of State for the Home Department 2018-11-09
“…between D’s case and N’s case in purely humanitarian terms. As Laws LJ explained in GS (India) v Secretary of State for the Home Department [2015] EWCA Civ 40; [2015] 1 WLR 3312 at [39] and [66], D represents a “deathbed” exception to the article 3 paradigm violation, namely an intentional act which constitutes torture or inhuman or de…”
- Considered — SL (St Lucia) v The Secretary of State for the Home Department 2018-08-07
“…the context of healthcare cases was considered by this court in the earlier case of GS (India) v Secretary of State for the Home Department [2015] EWCA Civ 40; [2015] 1 WLR 3312, which, in the words of Sales LJ in AM (Zimbabwe) at [6], “brought the test under article 3 and the approach under article 8 into close alignment” in the sense…”
- Cited — MI (Palestine) v Secretary of State for the Home Department 2018-07-31
“…arly as the suffering was not the result of an intentional act or omission of a State or non-State body. The Judge noted that in GS (India) [2015] EWCA Civ 40; [2015] 1 WLR 3312, this Court held that the case of a person whose life would be drastically shortened by the progress of natural disease if removed to his home state did not fa…”
- Considered — MI (Palestine) v Secretary of State for the Home Department 2018-07-31
“…n a little more detail, I propose to summarise the law on Article 3 which is well-settled by two decisions of this Court: GS (India) v SSHD [2015] EWCA Civ 40; [2015] 1 WLR 3312 and SSHD v Said [2016] EWCA Civ 442; [2016] Imm AR 5. At [38] of GS (India) Laws LJ considered how the Court should address the issue of the ECHR being a “livi…”
- Cited — The Secretary of State for the Home Department v MA (Somalia) 2018-05-02
“…Kingdom is well settled. It was most recently reviewed in this court by Laws LJ in GS (India) v. Secretary of State for the Home Department [2014] EWCA Civ 40; [2015] 1 WLR 3312 with whom Sullivan LJ agreed on this aspect. Underhill LJ agreed expressly with Laws LJ's analysis of the Strasbourg authorities of MSS v Belgium & Greece 53 E…”
- Cited — El Gazzaz v The Secretary of State for the Home Department 2018-03-21
“…on of his rights for that reason under Article 3 or Article 8 of the Convention: cf GS (India) v Secretary of State for the Home Department [2015] EWCA Civ 40; [2015] 1 WLR 3312. In relation to its decision, the Upper Tribunal had before it evidence about the mental health services available in Egypt on the basis of which the Secretary…”
- Cited — VC, R (On the Application Of) v The Secretary of State for the Home Department (Rev 1) 2018-02-02
“…peaking note, is that the appellant’s claim falls outside the paradigm article 3 case as identified by Laws LJ in GS (India), & Ors v SSHD [2015] EWCA Civ. 40, [2015] 1 WLR 3312. Laws LJ stated (at [38] – [39]) that the language of article 3 shows that the paradigm case of a violation is an intentional act which constitutes torture or …”
- Cited — AM (Zimbabwe) & Anor v The Secretary of State for the Home Department 2018-01-30
“… N v United Kingdom and because the hearing pre-dated the decision of this court in GS (India) v Secretary of State for the Home Department [2015] EWCA Civ 40; [2015] 1 WLR 3312, which brought the test under Article 3 and the approach under Article 8 into close alignment. Be that as it may, the FTT nonetheless addressed Article 3, to a…”