Thousands of legal immigrants continue to face destitution JCWI test case to go to Court of Appeal

Thousands of legal immigrants continue to face destitution JCWI test case to go to Court of Appeal

[Copy of JCWI press release as an orginal PDF file]

On 8 January section 54 and schedule 3 of the Nationality Immigration and Asylum Act 2002 came into force. Section 54 removes the rights of EEA nationals and their dependants, failed asylum seekers and overstayers to community care assistance. This includes exclusion from financial support under section 17 Children Act 1989 and section 21 National Assistance Act 1948.

In essence it has meant that potentially thousands of people, many legally present in the UK or pursuing legitimate claims to be able to remain in this country are prevented from obtaining food, accommodation or care packages. The judicial review hearing in the JCWI test case of "K" took place on 20th and 21st March 2003. "K" is the wife of an EEA national who was refused financial support by Lambeth Social Services Department for herself and her young son. In this case the main argument was that the denial of basic welfare support to the claimant would amount to a breach of Article 3 (inhuman or degrading treatment), Article 8 (right to respect for private and family life) and Article 14 (discrimination) of the European Convention of Human Rights.

The judgement was given this morning on 16th April. The judge dismissed the application for judicial review but immediately granted leave to appeal to the Court of Appeal on the issue of whether refusal of financial support would lead to a breach of the Convention. JCWI is also seeking leave to appeal on whether or not the claimant, as the family member of an EEA national, could indeed be excluded under European Union law, from receiving support under section 54 of the 2002 Act.

The judge appreciated that the case raised issues of importance on the interpretation of Articles 3 and 8 in the domestic UK law. He ordered the case to be expedited for hearing before the Court of Appeal and in addition ordered that Lambeth continue to financially support "K".

Tauhid Pasha, Legal and Policy Director of JCWI, commented: "The decision is hugely disappointing given that it allows the government to subject potentially thousands of immigrants to live in conditions that are unacceptable in the 21st century. Many of the provisions in the 2002 Act are degrading and are part of the government's anti-immigration agenda. We will continue to challenge these provisions in the courts."

For further information contact: JCWI: Tauhid Pasha, Legal Policy and Information Director, on 020 7608 7304 or 07813 320 212 or Kate Lewis, on 0207 553 7456

Source: http://www.jcwi.org.uk