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

20 July 2015 | Judicial Body: New Zealand: Supreme Court | Topic(s): 1951 Refugee Convention - Appeal / Right to appeal - Climate change (including environmental migrants) - Convention on the Rights of the Child (CRC) - Denial of refugee status - International Covenant on Civil and Political Rights (ICCPR) - Jurisdiction - Livelihoods - Refugee / Asylum law - Right to family life | Countries: Kiribati - New Zealand

12 November 2014 | Judicial Body: Australia: High Court | Topic(s): Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Livelihoods - Well-founded fear of persecution | Countries: Afghanistan - Australia

12 November 2014 | Judicial Body: Australia: High Court | Topic(s): Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Livelihoods - Well-founded fear of persecution | Countries: Afghanistan - Australia

26 September 2014 | Judicial Body: South Africa: Supreme Court of Appeal | Topic(s): Appeal / Right to appeal - Livelihoods - Refugee / Asylum law | Countries: Somalia - South Africa

On Appeal from the Board of Immigration Appeals. Petition Denied. Not Recommended for Full Text Publication.

25 April 2011 | Judicial Body: United States Court of Appeals for the Sixth Circuit | Topic(s): Economic, social and cultural rights - Habitual residence - Livelihoods - Right to employment - Statelessness | Countries: Saudi Arabia - United States of America

Petition for Review of a Decision of the Board of Immigration Appeals. Petition Denied. Agency No. A089-215-653. Unpublished Opinion.

16 September 2010 | Judicial Body: United States Court of Appeals for the Eleventh Circuit | Topic(s): 1951 Refugee Convention - Livelihoods - Social group persecution | Countries: Colombia - United States of America