A, R (on the application of) v National Asylum Support Service & Anor

A, R (on the application of) v National Asylum Support Service & Anor

The duty to provide 'adequate' accommodation under the Immigration and Asylum Act 1999 is to prevent destitution and must be assessed in light of the individual needs of the asylum seeker and dependants, including disability. Where the family has accepted accommodation as adequate pending a search for more suitable property, and the authorities are making reasonable efforts to find such accommodation, there is no breach of duty. The local authority's duty is excluded while NASS is acting. Article 8 is engaged but not breached in these circumstances.

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
Civil Appeal (judicial Review) / Appeal From Queen’s Bench Division, Administrative Court
Outcome
Appeal dismissed
Legal Topics
Asylum Seekers Support, Adequacy of Accommodation, Disabled Children, Statutory Interpretation, Article 8 ECHR, Local Authority Duties
Administrative Law Immigration Law Human Rights Law Social Welfare Law Asylum Seekers Support Adequacy of Accommodation Disabled Children Statutory Interpretation +2 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

Civil Appeal (judicial Review) / Appeal From Queen’s Bench Division, Administrative Court

Legal Issues

  1. 1 What constitutes 'adequate' accommodation for disabled children of asylum seekers under the Immigration and Asylum Act 1999?
  2. 2 Who is responsible for providing such accommodation: the National Asylum Support Service or the local authority?
  3. 3 Does the duty to provide adequate accommodation differ between disabled children and disabled adults?

Ratio Decidendi

The duty to provide 'adequate' accommodation under the Immigration and Asylum Act 1999 is to prevent destitution and must be assessed in light of the individual needs of the asylum seeker and dependants, including disability. Where the family has accepted accommodation as adequate pending a search for more suitable property, and the authorities are making reasonable efforts to find such accommodation, there is no breach of duty. The local authority's duty is excluded while NASS is acting. Article 8 is engaged but not breached in these circumstances.

Court Disposition

Appeal dismissed

Orders

  • No order against NASS or Waltham Forest to provide alternative accommodation at this stage
  • Urgent steps must continue to be taken to find more suitable accommodation, but no current breach of duty found