Court of Appeal gives authoritative guidance on Article 3 medical cases

The Court of Appeal last week issued “authoritative guidance” on Article 3 medical challenges against removal, reflecting the European Court of Human Rights’s decision in Paposhvili v Belgium. Lord Justice Sales, giving the court’s judgment in AM (Zimbabwe) & Anor v Secretary of State for the Home Department [2018] EWCA Civ 64, stated that it was clear that Paposhvili “relaxes the test for violation of Article 3 in the case of removal of a foreign national with a medical condition and also that it does so only to a very modest extent”.