Support for asylum seekers and other persons subject to immigration control overview

Housing

General rule:

 not eligible for:

o assistance as homeless persons or
o allocation of social housing
 housing provided by NASS
 no secured/assured tenancy or protection from eviction

R (oao Morris) v Westminster City Council [2005] EWCA Civ 1184

s. 185(4) Housing Act 1996 incompatible with Article 14 to the extent that it required a
dependent child of a British citizen, if both were habitually resident in the UK, to be
disregarded when determining whether the British citizen had a priority need for
accommodation, when that child was subject to immigration control.

Appeals to the asylum support adjudicators (ASA)

Non-qualification

 against decision that applicant does not qualify for s. 95 support

 against decision not to provide s. 4 accommodation

Stoppage

 against a decision to stop providing s. 95 support before that support would

otherwise have come to an end
 against a decision not to continue to provide s. 4 accommodation

Process

 timing
 powers
 require SoS to reconsider the matter
 substitute adjudicator’s decision for the decision appealed against
 dismiss the appeal

Outcome

 there is not further appeal

 if appeal dismissed, no further application for support is to be entertained unless
SoS satisfied there has been a material change in circumstances
Failed asylum seekers section 4 IAA support

 support provided to failed asylum seekers who are temporarily prevented from
leaving the UK
 there are currently 5186 people supported under section 4. 2865 of these are
Iraqi nationals
 power to provide, or arrange for the provision of, facilities for the
accommodation of a person if:
o he was (but is no longer) an asylum-seeker, and
o his claim for asylum was rejected
 if an asylum-seeker’s household includes a child who is under 18 and a
dependant of his, he is to be treated as continuing to be an asylum seeker while
the child is under 18 and he and the child remain in the UK

Eligibility for support

Immigration and asylum (provision of accommodation to failed asylum seekers)

regulations 2005:

 must appear to the SoS to be destitute; and

 one or more of the conditions must be satisfied in relation to him, eg
o taking all reasonable steps to leave the UK or place himself in a position in
which he is able to leave the UK
o unable to leave the UK by reason of a physical impediment to travel or for
some other medical reason
o unable to leave the United Kingdom because in the opinion of the
Secretary of State there is currently no viable route of return available

Clause 43 IAN Bill

 enables the SoS to make regulations to provide for additional needs to be met for
those on section 4 support
 this will be achieved by direct provision of goods/services or vouchers
 areas regulations likely to cover:
o travel to essential appointments
o essential supplies for new mothers

Schedule 3 NIA 2002

 provides that five classes of people ineligible for the types of support and welfare
assistance listed
 mostly social welfare safety net assistance and asylum support - includes s21
NAA
 ECHR saving provision
Schedule 3 ineligible classes

 those with refugee status in another EEA state and their dependants [first class]
 nationals of another EEA state and their dependants (second class)
 those that were (but are no longer) asylum seekers who fail to comply with
removal directions and dependants (third class)
 a person in the UK in breach of immigration laws but who is not an asylum
seeker (fourth class)
 failed asylum seeker with family and SoS has certified that in his opinion has
failed without reasonable excuse to take steps to leave voluntarily (fifth class)

Fourth class

This includes failed asylum seekers that are in the UK in breach of immigration laws eg
illegal entrant that made in-country asylum claim

Fifth class

 pilot has been undertaken in 3 areas

 new clause in IAN bill intending to provide for the possible repeal, by order, of
this provision

Dependent children

 s. 122 IAA 1999 - Children that are the dependants of an asylum seeker are the
responsibility of NASS
 R(A) - Duty to provide adequate accommodation to a destitute asylum seeking
family with disabled children rests with NASS
 R(O) - Division of responsibility with families with an adult who has a care need
and there are dependent children in the household

Unaccompanied asylum seeking children (UASCs)

 definition of asylum seeker for support purposes

 s. 17 Children Act 1989 – general duty
 s. 20 Children Act 1989 – accommodation
 leaving care provisions
o where a child has been looked after under s. 20 there may be a duty to
provide assistance
o until the child reaches 21
o in some cases for longer
o rebuttable presumption that UASC will have been looked after under s. 20
Matters not being pursued

 Accommodation centres
o part II NIAA 2002
o accommodation of destitute asylum seekers and their dependants in
accommodation centres
o education
 Community activities
o section 4(5)-(9) IAA 1999 and Regulations 4 and 5 Immigration and
Asylum (Provision of Accommodation to Failed Asylum-Seekers)
Regulations 2005
o breach of Article 4?
 Paragraph 7A schedule 3