“…Mr Chelvan developed the first limb of this ground in his oral submissions as follows. He referred us to Batayav v Secretary of State for the Home Department [2003] EWCA Civ 1489; [2004] INLR 126 at [37]-[39], where Sedley LJ addressed the issue of the evaluation of conditions which are alleged to create a real risk of inhuman treatment…”
“…at “immediate” does not necessarily mean “imminent”. The former point is also clearly made by Sedley LJ in Batayav v Secretary of State for the Home Department [2003] EWCA Civ 1489: see paras. 37 and 38 of his judgment.…”