Repatriation of an unwell man to Portugal a breach of his human rights

02.05.12 | |

The Administrative Court has declared it a breach of Mr Almeida's human rights to deny him accommodation and support under s.21 National Assistance Act 1948. Mr Almeida, an EEA national from Portugal, fell unwell with HIV and Hepatitis C after having lived in the UK for several years. Although he received medical treatment he was unable to support himself and therefore sought assistance with accommodation and domiciliary care from Kensington and Chelsea Council. The Council refused to provide assistance on the basis that Mr Almeida could return to Portugal and receive care from the Portuguese government. On behalf of Mr Almeida Jamie Burton (instructed by Rhea Edes at Duncan Lewis) argued that the Council's denial of support constituted a breach of Mr Almeida's rights under Article 3 and/or 8 of the European Convention of Human Rights. Mr Almeida gave evidence that his only support network lived in the UK and furthermore in Portugal he would only receive minimal care from the Portuguese state and would be forced to face his imminent death in the company of strangers. The Court accepted this evidence and declared the Council's decision to repatriate Mr Almeida to be a breach of his human rights.

For further details of the story as reported on the BBC website please click here. To view the judgment in full please click here.

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