RS, R (On the Application Of) v Secretary of State for the Home Department

Gordon Lee (instructed by Duncan Lewis) for the Claimant James Fraczyk (instructed by Government Legal Department) for the Defendant Hearing date: 12th January 2021 ____________________

"[The Claimant] is assessed as LOW risk and has been convicted for possession and supply of Class A Drugs. Current evidence does not indicate likelihood of serious harm."

i) The Claimant is "suffering from a major depressive disorder and his current depression is severe�.[and] in my opinion [the Claimant] meets the criteria for Post Traumatic Stress Disorder (PTSD)" (paras 125, 155). The report suggests (paras 224, 225) that the Claimant's experiences of being attacked in Jamaica and subsequently being raped in HMP Bullingdon would have worsened his mental health problems.

iv) "..if he is returned to Jamaica this is likely to have a significant adverse impact on his mental health. If he is unable to access the mental health care that he requires this would further worsen his mental health and increase his risk of self-harm and suicide (para 241)."

v) Dr Galappathie also stated (para 245-248) that the Claimant's mental health had worsened during detention and ongoing detention increased his vulnerability to mental health problems.