GS (India) and others v Secretary of State for the Home Department

Immigration – Removal. The six appellants challenged the respondent Secretary of State's removal decisions as being repugnant to their rights guaranteed by arts 3 and 8 of the European Convention on Human Rights, relying on their serious medical conditions. The Court of Appeal, Civil Division, in dismissing five of the appeals, held that the appellants could not bring themselves within the exception contained in D v United Kingdom ((1997) 2 BHRC 273) and their plight, however grave, could not be alleviated by recourse to art 3 of the Convention. Further, three appellants' arguments concerning art 8 of the Convention were excluded and two appellants had no basis for those claims.

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