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29 April 2010
Issue: 7415 / Categories: Case law , Law digest
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Immigration

R (on the application of Kiana and another) v Secretary of State for the Home Department [2010] All ER (D) 110 (Apr)

Section 4(2) of the Immigration and Asylum Act 1999 contained no power for the secretary of state to provide subsistence only support to a failed asylum seeker.  The s 4 regime had to be contrasted with that under s 95 where a wider power was conferred on the secretary of state to provide support for asylum seekers and dependants of asylum seekers. Section 95 allowed for forms of support other than accommodation, on a standalone basis - that was not the case under s 4.

There was no suggestion that Parliament had intended the forms of support available under s 4 and s 95 were to be provided on a similar basis. Further, had s 4 conferred on the secretary of state a power to provide subsistence only support, the 1999 Act would be expected to provide an express right of appeal against a refusal to provide such support—it did not.

Moreover, s 4(2) of the

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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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