- Cited — The Secretary of State for the Home Department v PF (Nigeria) 2019-07-04
“…The scope of that phrase in this context was settled so far as domestic law is concerned by the House of Lords in N v Secretary of State for the Home Department[2005] UKHL 31; [2005] 2 AC 296 (“N”). At [50], Lord Hope giving the leading speech set out the test in these circumstances, as derived from the Strasbourg authorities, as fo…”
- Cited — MM (Malawi) & Anor v the Secretary of State for the Home Department 2018-11-09
“…foreign national from the UK in a medical case was authoritatively settled so far as domestic law is concerned in N v Secretary of State for 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
“… court emphasised that the position in domestic law was authoritatively settled in favour of the criteria in N in N v Secretary of State for the Home Department[2005] UKHL 31; [2005] 2 AC 296, the House of Lords case which was endorsed by the European Court. But, in any event, in AM (Zimbabwe), Sales LJ (with whom Patten LJ and I ag…”
- Cited — MI (Palestine) v Secretary of State for the Home Department 2018-07-31
“…At [20], the Judge said that the bar in medical cases for an Article 3 claim was very high, relying on the decision of the House of Lords in Nv SSHD [2005] UKHL 31 where the test laid down was whether the claimant’s medical condition had reached such a critical stage (i.e. he was dying) that there were compelling humanita…”
- Cited — MM (Malawi) & Anor, R (on the application of) v The Secretary of State for the Home Department 2018-06-12
“…poshvili v Belgium [2017] Imm AR 867. Until that case, the test in article 3 medical cases was that expounded in N v Secretary of State for the Home Department [2005] UKHL 31; [2005] 2 AC 296, i.e. that, where an individual suffers from a serious medical condition, it would breach article 3 to remove him from the UK only where he wo…”
- Followed — PK (Ghana), R (On the Application Of) v The Secretary of State for the Home Department 2018-02-08
“…es are “very exceptional”. The test, derived from European authorities, was set out by Lord Hope of Craighead in N v Secretary of State for the Home Department [2005] UKHL 31; [2005] 2 AC 296 at [50], as follows:…”
- Cited — AM (Zimbabwe) & Anor v The Secretary of State for the Home Department 2018-01-30
“… UK where they are suffering from serious illnesses. The position in domestic law was authoritatively settled in N v Secretary of State for the Home Department [2005] UKHL 31; [2005] 2 AC 296. The 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”) i…”