Qualification Directive and Previous Torture: What is the Scope of Coverage for Mental Illness?
Nowadays, the island nation of Sri Lanka is a popular tourist destination. People from all over South Asia, and elsewhere, flock to marvel at the country’s historical attractions and its overwhelming natural beauty. But, rather than being driven by genuine peace making, stability in Sri Lanka was achieved through the barrel of the gun and mass murder. As if the Sinhalese government’s war crimes were not enough, the country is also governed under a plenary system whereby “Parliament has turned out to be ineffective against an over-mighty executive President, playing to the President’s tune.” Rather than speaking “softly” and carrying “a big stick”, senior academics and lawyers in the country are united in their view that “Parliament has been talking big while carrying a fiddle stick.” In this Sri Lankan case, Lord Neuberger (President), Lady Hale (Deputy President), Lord Kerr, Lord Hughes and Lord Toulson decided to make a reference to the CJEU and asked: Does article 2(e), read with article 15(b), of the Qualification Directive cover a real risk of serious harm to the physical or psychological health of the applicant if returned to the country of origin, resulting from previous torture or inhuman or degrading treatment for which the country of origin was responsible?
▻https://asadakhan.wordpress.com/2016/07/17/qualification-directive-and-previous-torture-what-is-the-scope-
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