Case Law

(i)Said [2016] EWCA Civ 442 is not to be read to exclude the possibility that Article 3 ECHR could be engaged by conditions of extreme material deprivation. Factors to be considered include the location where the harm arises, and whether it results from deliberate action or omission. (ii) In cases where the material deprivation is not intentionally caused the threshold is the modified N test set out in AM (Zimbabwe) [2020] UKSC 17. The question will be whether conditions are such that there is a real risk that the individual concerned will be exposed to intense suffering or a significant reduction in life expectancy. (iii) The Qualification Directive continues to have direct effect following the UK withdrawal from the EU.

22 July 2021 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): EU Qualification Directive - Freedom from torture, inhuman and degrading treatment - Livelihoods | Countries: Somalia - United Kingdom of Great Britain and Northern Ireland

Heard at Field House on 13 to 21 June and 15 July 2011.

25 November 2011 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Complementary forms of protection - EU Qualification Directive - Female genital mutilation (FGM) - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) | Countries: Somalia - United Kingdom of Great Britain and Northern Ireland

Heard at: Field House on 4 April 2011.

19 May 2011 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Complementary forms of protection - Country of origin information (COI) - EU Qualification Directive - Extended definition - Internal armed conflict - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) | Countries: Somalia - United Kingdom of Great Britain and Northern Ireland