HIV!

[has83]

Its quite strange for me writing and asking over there but guess i dont have a choice. I will try to be very short and see if anyone could help please?
I came to the uk in feb04, contracted hiv in 2006 and was diagnosed in 2007 and my health has been on the downside ever since. My student visa is expiring on may08.
I am originally from Pakistan. Not having proper medication there is one thing but the stigma, discrimination and non tolerant behavior is the worst. I know even my family wont respect me anymore if they find out. I heard something about discretionary leave but then someone said i have to literally be dying to apply for that. I cant apply for hsmp or the IGS as i am only 24 and not have enough working experience. Being here, holding a first degree in IT and PG in business studies, i know i can contribute to the society.

What shall i do?

[Mr Rusty]

I would rather kill myself in front of the home office than to go back home as it would mean the same.
What shall i do?

For a start, if you want objective advice, stop making stupid comments about killing yourself in front of the home office. It's not their fault you've contracted hiv, and not their responsibility if you do top yourself.

You have to distinguish between the issue of whether the treatment you need would be available to you in your own country, and whether you have a Human Rights claim on the grounds of persecution because of your condition.

This could be a highly complex matter, I'm not conversant with the caselaw on this, and I would say you need to consult a good quality lawyer with experience of such cases.

In any event you should make sure you submit an application before your current leave expires

[has83]

thanks mate!

[VictoriaS]

There is no one on this forum who can advise on this. You need to see a lawyer. But there are plenty of documented cases of HIV sufferers being returned to their home country - a client of mine was sent back to the DRC last year - so please look at other options if you can.

Victoria

[Paulsmith]

Cases regarding this issue would be:

D v UK (1997) (heard at European court of human rights)
N (FC) v SSHD [2005] UKHL 31)


The lords said that "Article 3 'does not require contracting states to undertake the obligation of providing aliens indefinitely with medical treatment lacking in their home countries"

If you meet the following to have a chance:

1. Your illness must be in terminal stages(you must be dying)
2. Complete lack of medical resources in your country of origin
3. No family or Social support

The cost of medical treatment in Pakistan will not be an issue the Home office or Court will consider. The European court also said that "medical treatment which is available but not accessible does not amount to a breach of article 3".

COIS Report Pakistan:

HIV/AIDS – ANTI-RETROVIRAL TREATMENT

26.04 The US State Department Report 2006 (USSD 2006), published on 06 March 2007, reported that “In cooperation with donors and the UN, the government established the National AIDS Control Program (NACP), which managed an aggressive campaign to educate its citizens regarding AIDS. NACP held rallies, public campaigns and spoke about birth control and AIDS awareness in mosques. Those suffering from HIV/AIDS faced broad societal discrimination.â€

[Paulsmith]

I would rather kill myself in front of the home office than to go back home as it would mean the same.
What shall i do?

This is blackmailing the Home office and will have a very negative impact on your case.

[has83]

Hi

a) First, i have deleted my last sentence. I just said it for the sake of saying it, but off course i wasn't going to say that in any official document.

b) Thanks everyone for all the information

c) For me it wasn't just about the treatment availability in Pakistan. There are other factors. But i knew, and now i'm more clear as in where i stand. I cant afford lawyers at this point - so unless some miracle happens, i will return back to Pakistan.

Thanks all !!

[breeze123]

AIDS/HIV positive cases
Cases involving persons with AIDS or who are HIV positive are particularly sensitive. However, the fact a person has AIDS or is HIV positive is not, in itself, a bar to removal. Enforcement action may be pursued unless medical evidence available is sufficient to satisfy the department that the you are not fit to travel.
you will be asked to provide a letter from your consultant confirming:
you are AIDS or HIV positive;

your life expectancy;
the nature and location of the treatment you are receiving;

your fitness to travel if required to leave the country.
The UK’s obligations under Article 3 of the ECHR will be engaged in all medical cases where the following requirements are satisfied:

the UK can be regarded as having assumed responsibility for a person’s care,
and
there is credible medical evidence that return, due to a complete absence of medical treatment in the country concerned, would significantly reduce your life expectancy
and

subject you to acute physical and mental suffering
Case law has confirmed that the circumstances in which an individual can resist removal on Article 3 related medical grounds will be exceptional.
A person who is subject to removal cannot in principle claim any entitlement to remain in the UK in order to continue to benefit from medical, social or other forms of assistance provided. Where similar treatment may not be available to a person in their home country because of its cost, this does not amount to a claim of inhuman or degrading treatment.

[IMMIGRATION LAWYER]

The folks are right - you will lose the case due to the judgement in D v SSHD; N v SSHD.

There must definately be a very late stage (weeks from death) of HIV so the BIA would let you stay.

D won his case, but her was very short from dying.

N lost her case as her HIV was not at that stage that she would die very shortly.

[m000n]

i think now medecation for HIV is free in Pakistan.i was reading one sighn board in Islamabad about this.you should check and consult them.and no mater you sufferd with this but you have to be strong.killing yours self is not sulotion.just pray to God.Almighty God can do any thing.

[PaperPusher]

What shall i do

Could you get a job? Then the employer may be able to get a work permit to employ you.

Even if you don't get enough points for HSMP you may still get a work permit.

[vinny]

I came to the uk in feb04, contracted hiv in 2006 and was diagnosed in 2007 and my health has been on the downside ever since.
....
What shall i do?

See also AIDS reappraisal and listen to Ajahn Brahm's Don't Be A Sicko!