AW, R (on the application of) v London Borough of Croydon

AW, R (on the application of) v London Borough of Croydon

A failed asylum-seeker who is in the United Kingdom in breach of the immigration laws within section 11 of the 2002 Act is, by virtue of paragraph 7 of Schedule 3, ineligible for support or assistance identified in paragraph 1 of Schedule 3, subject to exceptions in paragraphs 2 and 3. Where provision of support is necessary to avoid a breach of Convention rights and the individual satisfies section 21(1) and (1A) of the National Assistance Act 1948, the duty falls on the local authority. The making of a purported fresh claim for asylum does not always necessitate support pending a decision by the Secretary of State; necessity depends on the merits of the representations.

Parties
First Claimant: A W; Second, Third & Fourth Claimants: A, D and Y; First Defendant: London Borough of Croydon; Second Defendant: London Borough of Hackney; Interested Party: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
16 December 2005
Procedural Posture
Judicial Review / Preliminary Ruling
Outcome
Preliminary ruling delivered; parties to reconsider positions in light of judgment; no final orders on individual cases issued.
Legal Topics
Asylum Support, Failed Asylum Seekers, Local Authority Duties, Convention Rights, Eligibility for Support, Schedule 3 Nationality, Immigration and Asylum Act 2002
Immigration Law Administrative Law Human Rights Law Asylum Support Failed Asylum Seekers Local Authority Duties Convention Rights Eligibility for Support +1 more

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Parties

A W

First Claimant

A, D and Y

Second, Third & Fourth Claimants

London Borough of Croydon

First Defendant

London Borough of Hackney

Second Defendant

Secretary of State for the Home Department

Interested Party

Procedural Posture

Judicial Review / Preliminary Ruling

Legal Issues

  1. 1 Whether failed asylum-seekers in breach of immigration laws are excluded from support by Schedule 3, paragraph 7 of the 2002 Act
  2. 2 Whether local authorities or the Secretary of State are responsible for providing support necessary to avoid breach of Convention rights
  3. 3 Whether making a purported fresh claim for asylum always necessitates support pending a decision by the Secretary of State

Ratio Decidendi

A failed asylum-seeker who is in the United Kingdom in breach of the immigration laws within section 11 of the 2002 Act is, by virtue of paragraph 7 of Schedule 3, ineligible for support or assistance identified in paragraph 1 of Schedule 3, subject to exceptions in paragraphs 2 and 3. Where provision of support is necessary to avoid a breach of Convention rights and the individual satisfies section 21(1) and (1A) of the National Assistance Act 1948, the duty falls on the local authority. The making of a purported fresh claim for asylum does not always necessitate support pending a decision by the Secretary of State; necessity depends on the merits of the representations.

Court Disposition

Preliminary ruling delivered; parties to reconsider positions in light of judgment; no final orders on individual cases issued.