Seeking Refuge? - Rights of Women

Your right to be free from
inhuman and degrading
treatment
Most claims brought on the grounds that
returning someone to their country would breach
their right to be free from inhuman and degrading
treatment are about their need for medical
treatment in the UK, or the conditions that they
would face if they returned to their country.
Remaining in the UK for medical
reasons
Following the House of Lords case of N (FC) v
Secretary of State for the Home Department 9 ,
which was upheld in N v UK 10 , obtaining
permission to remain in the UK for medical
reasons is extremely difficult, and will only be
possible in very exceptional cases. This could
include when a person is close to death and where
there is no medical treatment available in the
country they come from. When deciding your
case, the decision-maker must consider the
seriousness and stage of your illness, the
availability of medical care in your country, and
whether you would be supported by your family.
Remaining in the UK because of
the conditions in your country
If you are applying to remain in the UK because
there are severe conditions in your country, then
the situation must be particularly serious,
involving, for example, no water, food or shelter.
This means that the fact that life would be difficult
for you is not a reason for giving you permission
to remain in the UK. You have to show that, if you
were returned to your country, there would be
nowhere for you to live or you would not be able
to feed yourself or find water.
European Union law
As well as having to follow the Refugee
Convention and the ECHR, the UK must also
follow European Union (EU) law. The EU is a group
of countries in Europe which share certain laws.
The UK is a member of the EU.
The UK is a member of the European Union (the
EU), an organisation of States who share certain
common laws that enable the free movement
of people, goods, money and services.
Members of the EU are: Austria, Belgium,
Bulgaria, Cyprus, the Czech Republic, Denmark,
Estonia, Finland, France, Greece, Germany,
Hungary, the Irish Republic, Italy, Latvia,
Lithuania, Luxembourg, Malta, the Netherlands,
Poland, Portugal, Romania, Slovakia, Slovenia,
Spain, Sweden and the UK.
There are a number of EU laws, which are called
Directives, that require the UK to maintain certain
standards when deciding who is entitled to
protection and who is not. These laws create a
framework within the EU for dealing with
refugees 11 .
One of these laws is the Temporary Protection
Directive 12 . This enables States such as the UK to
share the responsibility for protecting individuals
in situations where many people have to flee an
area at the same time.
Another relevant EU law is the Qualification
Directive. The Qualification Directive sets out the
minimum standards that should be followed by EU
Member States in applying the Refugee
Convention. The Qualification Directive also sets out
criteria for giving protection to people whose cases
are not covered by the Refugee Convention,
including protection under Article 3 of the European
Convention on Human Rights (see above).
Articles 2(e) and 15(c) of the Qualification
Directive give protection to civilians who have fled
armed conflict (such as civil war) but who would
not be protected by the Refugee Convention or
the European Convention on Human Rights.
Article 2(e) states that you should be given
protection if you can show that if you were
returned to your country, you would face a real
risk of suffering serious harm. The protection
given under Article 2(e) is humanitarian
protection.
6
Maslov v. Austria n° 1638/03 - 23/06/2008
7
Beoku-Betts v SSHD [2008] UKHL 39
8
Beoku-Betts v SSHD [2008] UKHL 39.
9
N (FC) v Secretary of State for the Home Department [2005] UKHL 31.
10
N. v. United Kingdom (Application no. 26565/05) you can read the judgement here: http://cmiskp.echr.coe.int /tkp197
/view.asp?item=1&portal=hbkm&action=html&source=tkp&highlight=26565/05&sessionid=23492107&skin=hudoc-en
11
These include: Dublin II (Sept 03), Reception Directive (Feb 05), Qualification Directive (Oct 06) Procedures Directive (Dec 07)
12
Temporary Protection Directive (Council Directive 2001/55/EC).
19