The Supreme Court is today commencing the 1 ½ day hearing of the appeal in AM (Zimbabwe ) v. Secretary of State for the Home Department, concerning the circumstances in which the expulsion of a seriously ill foreign national would amount to inhuman/degrading treatment contrary to Article 3 ECHR. The issues include:
- The proper interpretation of the Grand Chamber of the European Court of Human Rights’ recent judgment on this issue in Paposhvili v. Belgium (App 31738/10);
- Whether, applying the domestic jurisprudence on the force of the European Court of Human Rights’ judgments in the context of s.2(1)(a) of the Human Rights Act 1998 (which requires the domestic courts to “take into account” the European Court’s jurisprudence), the Supreme Court should follow Paposhvili.
Charles Banner QC and Yaaser Vanderman are appearing pro bono for the AIRE Centre, who have been granted permission to intervene by way of written and oral submissions, instructed by Herbert Smith Freehills LLP.