Foreign children can be entitled to remain in the UK to receive life-saving treatment

Tuesday 22 October 2013

Stephen Knafler QC and Mark Symes appeared for the appellants in a landmark judgment handed down this morning.

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In a landmark judgment handed down this morning, allowing the appeal in R (SQ) v SSHD, the Court of Appeal (Maurice-Kay, Lewison and Underhill LJJ) held that children who require life-saving medical treatment are more likely to be entitled to remain in the UK to receive it under Article 3 ECHR because they are more likely to satisfy the "exceptional circumstances" test in N v UK, than adults.

The Court of Appeal went on also to hold that because of the duty to treat children's best interests as a primary consideration, children's health cases required separate and careful consideration under Article 8 ECHR.

To read the full judgment, click here.

Stephen Knafler QC and Mark Symes are both members of the Garden Court Chambers Immigration Team.

 

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