O/A v Secretary of State for the Home Department [2023] EWHC 2227 (Admin) (06 September 2023)

O/A v Secretary of State for the Home Department [2023] EWHC 2227 (Admin) (06 September 2023)

A further 28-day extension is disproportionate given the prolonged delay and the acute needs of the claimant's family; a shorter extension to 4pm on 20 September 2023 is granted, with a mandatory update by 13 September 2023, to ensure compliance and progress toward providing adequate accommodation as previously ordered.

Citation
[2023] EWHC 2227 (Admin)
Parties
Respondent/claimant: O/A; Applicant/defendant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
06 September 2023
Procedural Posture
Judicial Review / Application for Extension of Time to Comply With Interim Relief Order
Outcome
Partial extension granted
Legal Topics
Asylum Support, Interim Relief, Adequate Accommodation, Extension of Time
Administrative Law Immigration Law Asylum Support Interim Relief Adequate Accommodation Extension of Time

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 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

O/A

Respondent/claimant

Secretary of State for the Home Department

Applicant/defendant

Procedural Posture

Judicial Review / Application for Extension of Time to Comply With Interim Relief Order

Legal Issues

  1. 1 Whether a further 28-day extension to comply with an interim relief order should be granted to the Secretary of State for the Home Department
  2. 2 Whether the current accommodation provided to the claimant and her family is 'adequate' under s.95 of the Immigration and Asylum Act 1999

Ratio Decidendi

A further 28-day extension is disproportionate given the prolonged delay and the acute needs of the claimant's family; a shorter extension to 4pm on 20 September 2023 is granted, with a mandatory update by 13 September 2023, to ensure compliance and progress toward providing adequate accommodation as previously ordered.

Court Disposition

Partial extension granted

Orders

  • Time for compliance with the interim relief order is extended to 4pm on Wednesday 20 September 2023.
  • The Secretary of State must file and serve an update by 4pm on 13 September 2023, by way of sworn statement with a statement of truth from a duly informed person.