“…cts of his vulnerable status did not end as soon as he was granted asylum. The case cited by MS’s solicitors, R (JS) v Secretary of State for Work and Pensions [2014] EWCA (Civ) 156; [2014] PTSR 619, shows that there was (at least in 2012) no case in which the European Court of Human Rights had held that article 8 imposes a positive duty o…”
“…e Court of Appeal held that the facts fell within the ambit of article 8 as well as A1P1 but that this made no difference to the question of justification: see [2014] EWCA Civ 156; [2014] PTSR 619, paras 82-86. In the Supreme Court it was common ground that the facts fell within the ambit of A1P1 and the argument evidently proceeded on t…”
“… ambit of article 8, the Divisional Court ([2013] EWHC 3350 (QB); Elias LJ and Bean J) had tentatively expressed the view that it did, and the Court of Appeal ([2014] EWCA Civ 156) reached a firm decision to that effect. Lord Dyson MR, giving the judgment of the Court of Appeal (Lord Dyson MR, Longmore and Lloyd-Jones LJJ), concluded tha…”