VP (Palliative AIDS treatment - return permissible) Vietnam  UKIAT 00267
Date of hearing: 12 July 2004
Date Determination notified: 23 September 2004
|Secretary of State for the Home Department||RESPONDENT|
It is arguable that the humanitarian appeal of the case is so powerful that it cannot be resisted by authorities of a civilised state.
That is a reference to the decision of the Court of Appeal in N  EWCA Civ 1369, paragraph 40. This principle was recently upheld in specific terms by the House of Lords in Razgar  UKHL 27: see the speech of Lord Walker of Gestingthorpe at paragraph 31.
In conclusion we have achieved quite a good control of his HIV disease although he presented with end stage AIDS. Without treatment his prognosis would be counted in a few months. More specifically the probability to survive for three years without further AIDS defining illness would be in the order of 5%. By contrast anti-retroviral treatment has brought his three year probability of disease free survival to greater than 95%. This success would be lost within some weeks if he were forced to stop anti-retroviral treatment.
There is some question as to what Dr Schwenk could have meant by his references to "family" in the second page of his report. Clearly on the appellant's case he had none in Vietnam, although he does have a friend in this country who is said to be the "family" referred to in the last paragraph.
What we do here is to give a patient some moral support so that they could become a little calmer, more optimistic and therefore prolong their lives.
There is no actual treatment of AIDS, except for members of staff who have become accidentally infected; but the hospital does provide some treatment for accompanying illnesses such as tuberculosis and skin diseases.
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