| Title | Ainte (material deprivation – Art 3 – AM (Zimbabwe)) [2021] UKUT 0203 (IAC) |
| Publisher | United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) |
| Publication Date | 22 July 2021 |
| Country | United Kingdom of Great Britain and Northern Ireland | Somalia |
| Topics | EU Qualification Directive | Freedom from torture, inhuman and degrading treatment | Livelihoods |
| Cite as | Ainte (material deprivation – Art 3 – AM (Zimbabwe)) [2021] UKUT 0203 (IAC), United Kingdom: Upper Tribunal (Immigration and Asylum Chamber), 22 July 2021, available at: https://www.refworld.org/cases,GBR_UTIAC,6114dbab4.html [accessed 3 October 2022] |
| Comments | (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. |
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