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Public law and Regulation

Case reports and guidance on public law and professional regulation issues

06 SEP 2012

MK & Another v Secretary of State for the Home Department & Another [2012] EWHC 1896 (Admin)

Immigration - Internal policy - Article 3

An internal policy that resulted in a delay in determining applications for support for those seeking asylum was held to be unlawful because it resulted in a significant risk a breach of the Claimants Article 3 ECtHR rights.

10 July 2012

Administrative Court

Foskett J

(1)        This case addressed the issue of the obligation upon the Defendant to provide temporary accommodation and assistance to those seeking asylum as their renewed or fresh application is considered, while, on the other hand balancing the government's desire not to incur a great deal of public expense in doing so for unmeritorious cases.

(2)        The Claimants, two men, both submitted new representations after their initial asylum claims failed. The first Claimant, MK, a national of Zimbabwe challenged the delay of 27 days between the date his application for support was received and when it was addressed. Similarly, the Second Defendant challenged the delay of 36 days in responding to his section 4 application for support.

(3)        The obligation to provide accommodation and assistance arises from section 4 of the Immigration and Asylum Act 1999 (the 1999 Act). The policy challenged in this case is, in summary, that where further submissions have been made by someone whose previous application for asylum has been rejected, unless 15 working days have elapsed and there is to be further ‘justifiable delay', the further submissions must be considered before the application for support under section 4 will be considered.

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