A, R (on the application of) v National Asylum Support Service & Anor [2003] EWCA Civ 1473 (23 October 2003)

A, R (on the application of) v National Asylum Support Service & Anor [2003] EWCA Civ 1473 (23 October 2003)

The statutory duty to provide 'adequate' accommodation under the Immigration and Asylum Act 1999 must be interpreted to require accommodation suitable for the specific needs of disabled children in asylum-seeking families. The Secretary of State (NASS) is responsible for meeting these needs, and adequacy must be assessed in light of individual circumstances, including disability. The reasoning of the lower court, which tested adequacy only by reference to able-bodied children, was incorrect. Article 8 ECHR is engaged, and less favourable treatment of disabled children compared to disabled adults would likely breach Article 14.

Citation
[2003] EWCA Civ 1473
Parties
Claimant/appellant: The Queen (on the application of A); First Defendant/respondent: National Asylum Support Service; Second Defendant/respondent: London Borough of Waltham Forest
Jurisdiction
England and Wales
Judgment Date
23 October 2003
Procedural Posture
Judicial Review Appeal / Court of Appeal (civil Division)
Outcome
Appeal allowed
Legal Topics
Adequacy of Accommodation for Asylum Seekers, Disabled Dependants, Statutory Interpretation, Article 8 ECHR, Division of Responsibility Between NASS and Local Authorities
Administrative Law Immigration Law Human Rights Law Social Welfare Law Adequacy of Accommodation for Asylum Seekers Disabled Dependants Statutory Interpretation Article 8 ECHR +1 more

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Parties

The Queen (on the application of A)

Claimant/appellant

National Asylum Support Service

First Defendant/respondent

London Borough of Waltham Forest

Second Defendant/respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal (civil Division)

Legal Issues

  1. 1 What constitutes 'adequate' accommodation for asylum-seeking families with disabled children under the Immigration and Asylum Act 1999?
  2. 2 Who owes the duty to provide such accommodation: NASS or local authorities?
  3. 3 Is Article 8 ECHR engaged in the context of accommodation for asylum-seeking families with disabled dependants?

Ratio Decidendi

The statutory duty to provide 'adequate' accommodation under the Immigration and Asylum Act 1999 must be interpreted to require accommodation suitable for the specific needs of disabled children in asylum-seeking families. The Secretary of State (NASS) is responsible for meeting these needs, and adequacy must be assessed in light of individual circumstances, including disability. The reasoning of the lower court, which tested adequacy only by reference to able-bodied children, was incorrect. Article 8 ECHR is engaged, and less favourable treatment of disabled children compared to disabled adults would likely breach Article 14.

Court Disposition

Appeal allowed

Orders

  • The Secretary of State must assess and provide accommodation adequate for the needs of the A family, including the disabled children, under s95 and s122 of the Immigration and Asylum Act 1999.
  • The previous reasoning that adequacy is to be tested only by reference to able-bodied children is overturned.