Mental health immigration cases UK

Legal Considerations for Mental Health Conditions in Immigration Cases

Going through the UK’s immigration system is tough, but it becomes harder if you suffer from poor mental health. There is a correlation between mental health and immigration laws. As refugees continue to increase, mental health and immigration have been linked. This is because the state of one’s environment has a huge impact on their mental health.

Continue reading to learn more about mental health immigration cases and legal considerations for mental health in UK immigration cases.

How Mental Health Affects Immigration Cases

One of the biggest factors in many immigration cases is mental health. Many asylum seekers and people being deported will have mental health due to:

• Trauma
• Legal Status Stressors
• Or Fear of Returning to Unsafe Conditions

These may affect the ways in which they participate in a legal process, including interviews or court appearances.

Legal Protection of Mental Health in Immigration Cases

UK law acknowledges that mental health is important. This is why it provides limited protection in mental health immigration cases.

Human Rights Protection

Article 3 of the European Convention on Human Rights provides that no person shall expose life to inhuman treatment or degradation. Therefore, United Kingdom law may not allow removal in case going back to the home country would deteriorate the mental condition of an individual.

Mental Health Evaluations

Mental health assessments are very important, especially in immigration cases that involve mental health. This assessment is performed by medical professionals. The court bases its ruling on this assessment. Hence, an assessment done well can strongly influence the case’s outcome. However, in case of a patient’s detention, it is important that they are surrounded by competent professionals. According to an article by Lucy Bacon and her colleagues,

“Detention of refugees and asylum seekers may have a detrimental effect on mental health and can result in significant psychiatric morbidity.”

Lucy Bacon

Fitness to Plead

In criminal cases, mental health could relate to one’s fitness to stand trial or participate in court proceedings. For example, if a person is not able to understand what they did due to a mental illness, then the court may adjust the procedure or terminate the case to safeguard the rights of that individual.

Mental Health Immigration Cases

Even with these protections in place, individuals with poor mental health face numerous challenges discussed below.

Mental Health Care

Most of the immigrants go through challenges to access mental health care. These challenges include:

• Language Barrier
• Lack of Cultural Understanding
• Unavailability of Services

Lack of appropriate care is associated with worsening of mental health issues. This further increases complications for the affected individual in court matters.

Establishing Mental Health Conditions

It is not easy to establish that a mental health condition can impact an immigration decision. Comprehensive assessments of mental health are vital, but they require cooperation between medical professionals and the respective legal representatives.

Detention and Mental Health Impact

Being in immigration detention can aggravate an individual’s mental state. Stressors from being confined, uncertainty of what is going to take place, and poor detention conditions may all pose a potential harm to mental health.

The Role of Medico-Legal Experts

Medico-legal experts deal with numerous issues, including those related to mental health. They provide assessments and reports that help a court understand the impact mental health has on the person in question. Such reports ensure that issues of mental health are taken into consideration before a judgement is made.
At Concise Medico, we specialise in these important reports. Our experts make thorough assessments and provide detailed documentation to support mental health immigration cases. Clear and concise reports can help legal professionals make strong cases where mental health is a key issue.

How Legal Practitioners Handle Mental Health Issues in Immigration Cases

Legal practitioners usually take the following steps to handle mental health issues in immigration cases.

Request Early Mental Health Assessments

This is important to be performed early to show the person’s condition, and how it impacts the case.

Work with Medico-legal Experts

Legal practitioners work closely with medico-legal experts who ensure mental health assessments are thorough, and reports meet the needed legal standards.

Advocate for an Individual’s right to mental health care

These legal experts ensure that their client is granted access to mental health services if detained. This is to ensure their well being while they are being scrutinised for a case.

Use Human Rights Arguments

One of the core strategies used by solicitors is arguing based on human rights, especially in light of Article 3. If the person is likely to face inhuman treatment due to a lack of access to mental health care in their country of origin, they cannot be removed.

Conclusion

Mental health conditions can greatly affect mental health immigration cases. Understanding the legal protections and working together with medico-legal experts allows legal practitioners to take all considerations of mental health into account to protect the rights and well-being of the individual.

At Concise Medico, we will strive to help lawyers with professional opinions and detailed reports that can make a difference in immigration cases. We concentrate on mental health to create a playing field of equality for those dealing with immigration to the UK. Contact us today to learn more.