R (Kannathasan) v SSHD


[2015] UKHC 3574 (Admin)

Judicial Review concerning the lawful approach to a claim that a person’s removal from the UK would breach a person’s Article 3 rights because of a real risk of suicide in the country of return. The specific question was (i) the lawful approach, on a ‘fresh claim’, to medical evidence about suicide risk (in light of potentially conflicting authority); and (ii) the question whether the threshold, where suicide risk is relied upon, is the ‘exceptional’ threshold referred to in the N v UK litigation, or a different / lower one. The Court found for the Claimant in on both of these legal issues, giving guidance in the process. On the facts, there was a real prospect of showing that K would commit suicide if returned to Sri Lanka, notwithstanding the lack of objective risk of torture. In those circumstances, the claim succeeded.

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