Ahmed, R (on the application of) v Asylum Support Adjudicator & Anor [2008] EWHC 2282 (Admin) (02 October 2008)

Ahmed, R (on the application of) v Asylum Support Adjudicator & Anor [2008] EWHC 2282 (Admin) (02 October 2008)

The claimant failed to satisfy any of the relevant conditions under regulation 3(2) of the 2005 Regulations, as he did not take all reasonable steps to leave the UK, there was no general policy of no viable route to Iraq, and his assertions regarding breach of Convention rights were vague and unsupported by evidence; thus, the refusal of accommodation was lawful.

Citation
[2008] EWHC 2282 (Admin)
Parties
Claimant: Mohammed Kareem Ahmed; First Defendant: Asylum Support Adjudicator; Second Defendant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
02 October 2008
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Asylum Support, Failed Asylum Seekers, Section 4 Accommodation, European Convention on Human Rights, Immigration and Asylum Act 1999, Provision of Accommodation, Judicial Review
Immigration Law Human Rights Law Administrative Law Asylum Support Failed Asylum Seekers Section 4 Accommodation European Convention on Human Rights Immigration and Asylum Act 1999 +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Mohammed Kareem Ahmed

Claimant

Asylum Support Adjudicator

First Defendant

Secretary of State for the Home Department

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the claimant qualifies for accommodation under section 4 of the Immigration and Asylum Act 1999 and the Immigration and Asylum (Provision of Accommodation to Failed Asylum-Seekers) Regulations 2005
  2. 2 Interpretation of regulation 3(2)(a), (c), and (e) of the 2005 Regulations
  3. 3 Whether provision of accommodation is necessary to avoid breach of Convention rights

Ratio Decidendi

The claimant failed to satisfy any of the relevant conditions under regulation 3(2) of the 2005 Regulations, as he did not take all reasonable steps to leave the UK, there was no general policy of no viable route to Iraq, and his assertions regarding breach of Convention rights were vague and unsupported by evidence; thus, the refusal of accommodation was lawful.

Court Disposition

Claim dismissed

Orders

  • Application for judicial review refused
  • No relief granted to claimant