Covarrubias v. Minister of Citizenship and Immigration (Court of Appeal 2006)

2006
Covarrubias, a Mexican national, applied for refugee protection due to the lack of medical treatment available in Mexico to address his medical condition. The Immigration and Refugee Board and lower court denied his application. He appealed to the Federal Court of Appeal alleging in part that the health care exclusion in the Immigration and Refugee Protection Act (IRPA) violated the Charter.
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D v United Kingdom (European Court of Human Rights 1997)

1997
D pled guilty to possession of cocaine while trying to enter the United Kingdom and was sentenced to six years imprisonment. Whilst in prison he was diagnosed with HIV and as suffering from AIDS. Upon his release from prison D was placed in immigration detention pending his removal to St. Kitts. D challenged his removal, arguing that the lack of medical care for AIDS sufferers in St. Kitts violated his right to be free from torture, cruel, inhuman or degrading treatment.
Read further » tbl_s5105SACaseDockets_FileUpload5891_82_CASE_OF_D _v _THE_UNITED_KINGDOM.pdf

De Bruyn v Minister of Justice and Customs (Federal Court 2004)

2004
South Africa requested extradition of De Bruyn. De Bruyn challenged his extradition claiming that it would be unjust given the high risk for men of contracting HIV in South African prisons. In support of his claim, De Bruyn produced a number of news articles discussing the high prevalence rate of HIV in South African prisons. The Minister of Justice rejected De Bruyn’s claim reasoning that there was no evidence that De Bruyn would contract HIV if he was extradited. De Bruyn appealed the decision to the Federal Court.
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Henao v The Netherlands (European Court of Human Rights 2003)

2003
Henao, a Colombian national, was sentenced to two years for carrying drugs into the Netherlands. As an non-citizen, he was under orders for deportation once his sentence was served. While serving his sentence, he was found to be HIV-positive and received anti-retroviral treatment. Before his release from prison Henao requested the Minister of Justice to lift his deportation order in light of the prohibitive cost of anti-retroviral treatment in Colombia.
Read further » tbl_s5105SACaseDockets_FileUpload5891_84_ARCILA HENAO v THE NETHERLANDS.pdf

Lemo v Northern Air Maintenance (Pty) Ltd (Industrial Court 2004)

2004
Lemo, an employee of Northern Air Maintenance, was dismissed the day after he disclosed his HIV status to his employer. During the final four years of his employment, Lemo’s health deteriorated and he had taken all of his annual leave, sick leave, and repeatedly was on unpaid leave. There was a factual dispute as to whether Lemo was terminated due to his HIV status or his frequent absence from work.
Read further » tbl_s5105SACaseDockets_FileUpload5891_58_Lemo-typed.pdf

LIEUTENANT-GENERAL FAUSTIN KAYUMBA NYAMWASA’S PRESENCE IN SOUTH AFRICA

2010

Read further » Nyamwasa_Brief_July 2010.pdf

N v Secretary of State for the Home Department (House of Lords 2005)

2005
N, a Ugandan national, sought asylum in the United Kingdom. She was diagnosed as HIV positive and suffered from AIDS. Doctors indicated that regular access to anti-retrovirals would significantly prolong her life expectancy. N’s application for asylum was denied and she eventually challenged her impending removal to Uganda, arguing that it would violate her rights under European Convention on Human Rights, which prohibits torture and inhuman and degrading treatment.
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N v United Kingdom (European Court of Human Rights 2008)

2008
N, a Ugandan national, sought asylum in the United Kingdom. She was diagnosed as HIV positive and suffered from AIDS. The House of Lords upheld the denial of asylum. N appealed to the European Court of Human Rights arguing that her rights to be free from torture and cruel, inhuman and degrading treatment and to respect for private and family life were violated by the denial.
Read further » tbl_s5105SACaseDockets_FileUpload5891_124_CASE OF N v THE UNITED KINGDOM appeal_.pdf

SALC Submissions on the South African Implmentation of the Geneva Conventions Bill

2011
SALC's submissions on the Implementation of the Geneva Conventions Bill
Read further » SALC Submissions - South African Implementation of the Geneva Conventions Bill.pdfGenevaConventionsBill-2011.pdf