IA224192013

This is the Secretary of State�s appeal against the decision of Judge Adio made following a hearing at Hatton Cross on 2 nd January 2014. Judge Adio allowed the Claimant�s appeal under Article 8 of the ECHR. The Secretary of State sought and was granted permission to appeal that decision and, on 21 st March 2014 Deputy Upper Tribunal Judge Lewis set it aside. A copy of Judge Lewis�s determination is appended.

Judge Lewis directed the matter to be heard at Field House on 30 th April 2014 before him. However on that day it was not possible for him to determine it and the matter was transferred to me. It was however adjourned because the Claimant�s representative informed me that he was in hospital and all of the documentary evidence upon which he intended to rely was in the possession of the Claimant rather than instructing solicitors.

In oral evidence he also said that he suffers from depression, for which he is given medication and attends appointments with a therapist. He has produced a letter from his GP which confirms that the Claimant consulted them recently complaining of feeling tired and depressed.

So far as the affordability of medication in Pakistan is concerned he relies on a report from Dr Habib Aslam Gaba dated 3 rd June 2014 which estimates that the �total average cost will be nearly minimum� 95,000 rupees per month which Mr Pervez said equated to about �600. He has also provided a service certificate from his father�s employer in Saudi which states that he earns 1,950 rials per month which the Claimant said equated to �280. His mother does not work and his father has to pay for the education of his two sisters and brother.

Even if it was affordable, the Claimant said that his life would be at risk in Pakistan because of the lack of emergency services.