Heartless Judgements: Upper Tribunal rejects flexible Paposhvili approach to Article 3 medical condition cases as “over-elastic and ill-defined”

After the ECHR published their judgment in PAPOSHVILI v. BELGIUM – 41738/10 (Judgment (Merits and Just Satisfaction) : Court (Grand Chamber)) [2016] ECHR 1113, that most immigration practitioners were seen to  tout this  case   as a  glimmer  of  hope and flexibility in the  approach to Article 3 medical condition cases  is not in doubt.  Paposhvili was variously described as “shedding light”,  “new hope”,  “ a paradigm shift”  and “ a new approach”   to the consideration of human rights  medical condition cases.

 

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