he judgment notes that the case involved “one of the most controversial questions” under human rights laws. The case concerned the deportation of a serious criminal who entered the UK as a child. He was relying on human rights law to remain in the UK. It also involved the rights of a migrant to resist removal due to differences in medical treatment between the UK and their home country. It also involved the Supreme Court overruling one of its own, based on a judgment by the European Court of Human Rights.
Background
The appellant is a Zimbabwean (AM) who arrived in the UK in 2000 aged 13. He was granted indefinite leave to remain. He later committed crimes, including possession of a firearm, and was sentenced to 7 years in prison. AM contracted HIV in the UK and due to side effects from conventional drugs was offered a drug that is not available in Zimbabwe, so being deported from the UK would lead to his death.
It remains unclear whether the appellant will ultimately win the case. The tribunal has been delayed due to the coronavirus crisis, a need for new medical evidence and the fact that there is another landmark case underway at the Grand Chamber of the European Court of Human Rights which may affect this outcome.
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