§ Mr. Hilary BennTo ask the Secretary of State for the Home Department what his policy is as regards applications for exceptional leave to remain in respect of persons who are(a) HIV positive and (b) have AIDS and who if returned to their home country would not be able to receive appropriate medical treatment. [137374]
§ Mrs. RocheThe United Kingdom is a signatory to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) now given effect in domestic law by the Human Rights Act 1998. In accordance with our obligations under Article 3 of the ECHR, exceptional leave to remain may be granted where credible medical evidence exists that return to the country of origin, due to a lack of medical facilities in the country concerned, would substantially reduce an applicant's life expectancy and subject them to acute physical and mental suffering, in circumstances where the United Kingdom can be regarded as having assumed responsibility for their care. Each case is considered on its own merits.