23 mar 2022
Højesteret
Expulsion not revoked
The fact that T had PTSD did not amount to significant changes of T’s situation justifying revocation of his expulsion
Case no. 127/2020
Order made on 22 December 2021
The Prosecution Service
vs.
T
The case concerned the issue of whether the expulsion of T should be revoked due to significant changes to his situation based on the information now produced about his PTSD.
The Supreme Court stated that, according to the European Court of Human Rights’ practice, expelling an alien suffering from a physical or mental illness to a country where the options for appropriate treatment of the illness are inferior to those offered by the member state may in very special cases raise questions concerning Article 3 of the European Convention on Human Rights.
Referring to the European Court of Human Rights’ practice and the information available in the case, the Supreme Court agreed that the information now made available on T’s PTSD and the medical treatment of this condition did not amount to significant changes to his situation justifying revocation of his expulsion.
The Supreme Court thus affirmed the order of the High Court.