§ Mr. Andrew TurnerTo ask the Secretary of State for the Home Department what his policy is towards granting leave to remain on compassionate grounds to people who are receiving NHS treatment for HIV or AIDS. [69017]
§ Beverley HughesThe 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. Policy for cases involving HIV/AIDS or other serious medical conditions was recently reviewed to ensure compatibility with the Human Rights Act and recent developments in ECHR case law; to ensure a consistent approach in the Immigration and Nationality Directorate (IND) towards cases involving consideration of medical issues; and to take account of developments in drug therapy used to treat HIV/AIDS.
The new policy came into effect for applications made on or after 19 December 2000, and applies to all cases where an applicant is seeking to stay in the United Kingdom because they are suffering from a serious medical condition. Under this policy the United Kingdom's obligations under Article 3 of the ECHR will be engaged where the following requirements are satisfied:
All applications to stay on medical grounds are given careful individual consideration of their particular circumstances.
- (i) the United Kingdom can be regarded as having assumed responsibility for a person's care; and
- (ii) there is credible medical evidence that return, due to a complete absence of medical treatment in the country concerned, would significantly reduce the applicant's life expectancy; and
- (iii) subject them to acute physical and mental suffering.