header-logo header-logo

26 July 2023
Issue: 8035 / Categories: Legal News , Immigration & asylum
printer mail-detail

Home Office left asylum seekers destitute, High Court finds

The home secretary breached her duty to provide accommodation and support to meet the essential living needs of asylum seekers, the High Court has held.

In HA & Ors v Secretary of State for the Home Department [2023] EWHC 1876 (Admin), handed down last week, Mr Justice Swift found the time the Home Office took to consider applications for support, and then to provide support to those deemed eligible, was unlawful. Swift J held that the Home Office’s failure to provide emergency interim financial support was unlawful. He also held that the home secretary must provide additional support to pregnant women and children under three years in cash payments rather than in kind.

Asylum seekers rely on s 95, Immigration and Asylum Act 1999 support in the form of accommodation and support from the Home Office, as they cannot work for the first year after arriving and afterwards only in a few limited professions, and do not qualify for universal credit.  

One claimant, however, despite being granted s 95 support in May 2021 after a delay of 11 weeks, did not receive accommodation for a further seven months and financial support after a year, during which he relied on spoiled food from local shops to feed his children.

Another claimant, an 82-year-old woman, did not have enough money to eat and was about to be made street homeless. The Home Office conceded it unlawfully failed to provide support and agreed to pay compensation, 15 months after her first application.

John Crowley, associate solicitor at Leigh Day, representing three of the claimants, said: ‘The court has found in no uncertain terms that the Home Office’s current system for supporting asylum seekers is unlawful.

‘It is unacceptable that my clients, and so many others like them, had to go months and months without any form of support, forcing them into desperate and horrifying situations.’

Issue: 8035 / Categories: Legal News , Immigration & asylum
printer mail-details

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
back-to-top-scroll