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SCHEDULE 3 NIAA 2002 HUMAN RIGHTS Siân Davies

SCHEDULE 3 NIAA 2002 HUMAN RIGHTS Siân Davies 2-3 Gray’s Inn Square London WC1R 5JH Tel: 020 72424986.

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SCHEDULE 3 NIAA 2002 HUMAN RIGHTS Siân Davies

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  1. SCHEDULE 3 NIAA 2002 HUMAN RIGHTS Siân Davies 2-3 Gray’s Inn SquareLondon WC1R 5JHTel: 020 72424986

  2. Paragraph 1 does not prevent the exercise of a power or the performance of a duty if, and to the extent that, its exercise or performance is necessary for the purpose of avoiding a breach of-- (a) a person's Convention rights, or (b) a person's rights under the Community Treaties. Para. 3 Schedule 3

  3. Article 3 ECHR “no one shall be subject to torture or to inhuman or degrading treatment or punishment” Article 8 ECHR: right to respect for home, family and private life HR's most frequently relied upon

  4. Street homeless, lacking food, warmth and basic necessities = breach of article 3: R (Limbuela) v. SSHD Article 3

  5. Breach can be avoided by return to country of origin? Kimani v LB Lambeth Article 3 (cont'd)

  6. Impediment to travel? Lack of travel documents; no route of return; medically unable to travel. Article 3 (cont'd)

  7. Is an extant art.8 application to HO an impediment to travel? local authority may only consider whether it is manifestly unfounded - if not, it cannot rely on return to country of origin: R (Binomugisha) v LB Southwark Article 3 (cont'd)

  8. Medical issues – note that these will frequently have been rejected by SSHD High threshold - N v SSHD Article 3 (cont'd)

  9. Return to country of origin Travel assistance if required s.2 Local Government Act 2000: Grant v LB Lambeth Article 8 ECHR

  10. Kimani v LB Lambeth (weak art.8 case) M v LB Islington (Brit Cit child, contact with F) PB v LB Haringey (care proceedings) Article 8 ECHR

  11. Assessment: family life in the UK quality of family life on return Citizenship issues Contact with settled parent ? education/ medical issues Article 8 ECHR

  12. Medical issues - again, high threshold Be aware of 8(2) justification Article 8

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