If removal is imminent, contact a regulated immigration adviser or solicitor urgently and tell them the scheduled date and time. Do not wait for a routine appointment. Find a UK immigration adviser.
Can a government deport somebody it considers dangerous if there are substantial grounds for believing they will face torture where they are sent? In Chahal v United Kingdom, that was a concrete question about one man’s proposed removal to India. It tested whether one of the strongest protections in European human-rights law still held when the government invoked national security.
The distinction that decided the case
The European Court of Human Rights examined the treatment Mr Chahal personally faced if removed. The evidence included the circumstances in the receiving country, his public profile and assurances about his safety. The Court concluded that putting the proposed deportation into effect would violate Article 3. Once a real risk of prohibited treatment is established, the state cannot weigh that risk against how dangerous it considers the individual to be.
An absolute protection still requires evidence. A country report might document serious abuse of a particular group. A decision-maker also needs to understand why the person facing removal falls within that risk, the proposed destination and the circumstances at the time. Two people from the same country may have very different evidence.
Which document does an adviser need first?
Usually the starting point is the most recent decision, with every page and the date it was received. If removal directions have been issued, say so at once. Identify any previous decisions and what has changed since they were made. Distinguish what you witnessed from what someone else told you. Use a secure channel agreed with your adviser before sending identifying details about people who could be at risk.
Strasbourg is not an ordinary appeal from a UK immigration decision. Domestic remedies generally have to be used first. Interim measures under Rule 39 are exceptional. Sending a request does not itself stop removal. Ask about the domestic route and any immediate deadline first.
Read Chahal v United Kingdom, application 22414/93.
Read the Court’s guidance on interim measures. For non-urgent background, see our guide to ECHR representation.
