South African national cites human rights in UK immigration case
January 29 2010 by Liam Clifford
A woman from South Africa who has been diagnosed as HIV-positive is appealing being deported from Northern Ireland by immigration authorities.
The woman who had been claiming asylum is said to have spent years in Northern Ireland but is now being held in a UK immigration detention centre.
A High Court heard that the woman was detained following the discovery that she had used forged papers to acquire work, although her status in Northern Ireland was classed as a ‘temporary admission’.
Steven McQuitty, the barrister representing the South African national, put forward the case that immigration authorities failed to consider her condition. McQuitty told the court;
“It demonstrates a lack of respect for her physical and psychological integrity, especially with regard to her HIV status.”
He went on to claim that her rights to freedom and privacy, as detailed in the European Human Rights bill had been contravened. He argued that; "There was no attempt to assess this woman's physical or mental health by speaking to her doctors in Northern Ireland before deciding to move her into detention."
Tony McGleenan, from UK immigration, told the court that the defendant was admitting to the criminal offence of falsifying documents and should therefore bear no special treatment. The case was adjourned until next week where sentencing is expected.
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