The High Court has today granted permission in two cases for a judicial review of the new support provisions that came into effect on 8th January.

The High Court has today granted permission in two cases for a judicial review of the new support provisions that came into effect on 8th January.

16 January 2003

Section 55 of the Nationality, Immigration and Asylum Act purports to deny support to asylum seekers who fail to claim asylum as soon as reasonably practicable.

This new provision follows on from the Secretary of State’s decision on 23 July 2002 to prohibit asylum-seekers from working. Previously, that prohibition had only lasted for the first six months of any application for asylum.

From 8th January, therefore, many asylum seekers will be denied any financial support and will be left without a roof over their head. Since they are also prohibited from working, many asylum seekers will be left destitute.

The Refugee Legal Centre is particularly concerned as to how destitute asylum seekers will effectively be able to pursue their asylum claims and gain access to protection.

There are many justifiable reasons as to why a person may not make a claim immediately on arrival in the UK. In addition there is no evidence to suggest that the claims of those who do not claim asylum on arrival are weaker than those who do. Indeed, the Home Office’s own statistics would suggest that in 2001 the reverse was true. Provisional Home Office statistics for that year confirm that of 11,180 grants of asylum, 3,685 were made in respect of claims which were made on arrival and 7,495 were made in respect of claims made subsequently (see Hansard, Commons Written Answers, 21st October 2002).

The Refugee Legal Centre is therefore pleased that the High Court has decided that there are arguable grounds for challenging these provisions.

For Comment: Chief Executive’s Office - 0207 780 3222

Source; Refugee Legal Centre