- Applied — Mahmood, R (on the application of) v Upper Tribunal (Immigration and Asylum Chamber) & Ors 2020-06-05
“…[70], Sedley LJ at [109]-[124] and Moore-Bick LJ at [126]-[134]), applied in an immigration context in GS (India) v. Secretary of State for the Home Department [2015] EWCA Civ 40 (Underhill LJ at [106] and Sullivan LJ at [116]), and RJG v. Secretary of State for the Home Department [2016] EWCA Civ 1042 at [51].…”
- Cited — ASK, R (On the Application Of) v The Secretary of State for the Home Department 2019-07-16
“… order to continue to 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
“…rt in MM (Zimbabwe) 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 i…”
- Explained — MM (Malawi) & Anor v the Secretary of State for the Home Department 2018-11-09
“…ning the difference 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 tortu…”
- Considered — SL (St Lucia) v The Secretary of State for the Home Department 2018-08-07
“…ticle 8 criteria in 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 alig…”
- Cited — MI (Palestine) v Secretary of State for the Home Department 2018-07-31
“…ional cases particularly 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 ho…”
- Considered — MI (Palestine) v Secretary of State for the Home Department 2018-07-31
“…rties’ submissions in 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…”
- Cited — El Gazzaz v The Secretary of State for the Home Department 2018-03-21
“…ve rise to a violation 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 …”
- Cited — VC, R (On the Application Of) v The Secretary of State for the Home Department (Rev 1) 2018-02-02
“…submissions and her speaking 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 cons…”
- Cited — AM (Zimbabwe) & Anor v The Secretary of State for the Home Department 2018-01-30
“… Home Department and 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 addres…”