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R. (on the application of DB) v Immigration Appeal Tribunal

DATE: 18 Jan 2005

The Ugandan claimant (B) sought judicial review of the defendant Immigration Appeal Tribunal’s refusal to extend the time for him to lodge an appeal. B suffered from an advanced stage of HIV and leprosy. The combination of his conditions required complex drug therapy. The medical evidence was that such treatment was not available in Uganda, and that if returned, his life expectancy would be reduced from a number of years to under 12 months. The adjudicator refused to grant B leave to remain on human rights grounds. The IAT, having referred to the medical evidence and the absence of any suitable reason for B’s delay, refused B permission to appeal out of time. B argued that there were special circumstances rendering it unjust on humanitarian grounds to refuse permission, in that his return to Uganda would breach his rights under the Human Rights Act 1998 Sch.1 Part I Art.3 .

Held, granting the application.