Upper Tribunal (IAC) allows appeal against deportation order on Article 3 grounds

The Upper Tribunal (IAC) has allowed an appeal (PA/03379/2016) against a decision of the First-tier Tribunal (FTT) on the basis that the FTT misapplied the law relating to Article 3 EHCR. This is one of the first appeals to follow the judgment of the Supreme Court in AM (Zimbabwe) on the test that should be applied in such cases. The case also raises an issue about the extent to which these principles apply in cases of suicidal ideation, which were briefly addressed by the Court of Appeal in MM (Malawi) v SSHD [2018] EWCA Civ 2482 but not determined. The case has been remitted to the FTT for a fresh determination. Ben Fullbrook acted for the successful Appellant.