A Practical Guide to Health and Medical Cases in Immigration Law

Health and medical cases are widely recognised by immigration practitioners as some of the most challenging in this area of law. This guide will assist practitioners in all areas of healthcare claims, including mental health and fitness to fly issues.




The first guide of its type, this book analyses the latest caselaw, considers arguments that can be brought on medical grounds and provides guidance on issues which arise in practice.




ABOUT THE AUTHORS




Rebecca Chapman is a barrister at Garden Court Chambers where she practises in all aspects of immigration, asylum and administrative law. She has particular expertise in cases involving vulnerable women and children, political asylum claims and cases brought on medical and health grounds. Rebecca represents clients at all levels from First-tier Tribunal to Grand Chamber of the European Court of Human Rights.​She was appointed a Deputy Judge of the Upper Tribunal (Immigration & Asylum Chamber) in 2015.




Miranda Butler is a barrister at Garden Court Chambers. She has substantial experience across the spectrum of immigration, asylum, and public law. Her expertise includes claims relating to unlawful detention, prisoners' rights, trafficking, and community care. Having previously worked as a judicial assistant in the Supreme Court and European Court of Human Rights, Miranda currently teaches medical law at LSE alongside her practice.




CONTENTS




Chapter 1. Introduction

Chapter 2. Development of Article 3 Healthcare Cases

Chapter 3. The Principles Established by AM (Zimbabwe)

Chapter 4. Arguments in Support of an Article 3 Healthcare Claim

Chapter 5. Claims Based on the Risk of Suicide

Chapter 6. Article 8 Healthcare Claims

Chapter 7. Healthcare Claims and the Refugee Convention

Chapter 8. Fitness to Fly Challenges

Chapter 9. Healthcare Claims Under EU Law

Chapter 10. Convention on the Rights of Persons With Disabilities and Its Application in Domestic Courts