D v UK 30240/96 [1997] ECHR 25 European Court of Human Rights

The applicant lived in St Kitts. He came to the UK and requested leave to remain for 2 weeks as a visitor. However, at the airport he was found with a substantial quantity of cocaine and was arrested and charged with the importation of class A drugs. He pleaded guilty and was sentenced to six years imprisonment. During his time in prison he was diagnosed as HIV positive and suffering from AIDS. He was released from prison on licence after serving nearly three years. He was placed in immigration detention pending his removal to St Kitts. He applied to remain in the UK on the grounds that the treatment he was receiving for his condition was not available in St Kitts. His application was refused and he applied for judicial review of the decision. He claims the decision breaches his rights under Art 2, 3 and 8 of the European Convention of Human Rights. His life expectancy if he remained in the UK was 8-12 months. If he returned it would be considerably less. He also had no home or support network in St Kitts and there was no social welfare as such he would be homeless and unable to support himself he would therefore be forced to die in inhuman and degrading circumstances if he were deported.

Held:

The deportation would breach his rights under Art 3

The court emphasised that aliens who have served their prison sentences and are subject to expulsion can not in principle claim entitlement to remain in order to continue to benefit from medical or social assistance. However, in the very exceptional circumstance of this case and given the compelling humanitarian considerations at stake, the implementation of the decision to remove him would be a violation of Art 3.

Back to lecture outline on Art 3 ECHR