T, R (on the application of) v Secretary of State for the Home Department

T, R (on the application of) v Secretary of State for the Home Department

T's circumstances, though difficult, did not reach or verge on the threshold of severity required to engage Article 3 ECHR. He had shelter, sanitary facilities, and some means for food, and was not so unwell as to require immediate treatment. The refusal of support did not amount to inhuman or degrading treatment. The appeal was allowed and the judge's decision in favour of T was overturned.

Parties
Applicant/respondent: R ('T'); Respondent/appellant: The Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
23 September 2003
Procedural Posture
Civil Appeal (judicial Review) / Appeal From Administrative Court (maurice Kay J) to Court of Appeal
Outcome
Appeal allowed; judgment for Secretary of State; judicial review by T dismissed.
Legal Topics
Asylum Support, Article 3 ECHR, Judicial Review, Destitution Threshold, Section 55 Nationality, Immigration and Asylum Act 2002
Immigration Law Human Rights Law Administrative Law Asylum Support Article 3 ECHR Judicial Review Destitution Threshold Section 55 Nationality, Immigration and Asylum Act 2002

Case Brief

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Parties

R ('T')

Applicant/respondent

The Secretary of State for the Home Department

Respondent/appellant

Procedural Posture

Civil Appeal (judicial Review) / Appeal From Administrative Court (maurice Kay J) to Court of Appeal

Legal Issues

  1. 1 Whether the refusal of support to an asylum-seeker under section 55(1) of the Nationality, Immigration and Asylum Act 2002, in reliance on the applicant not claiming asylum as soon as reasonably practicable, constitutes inhuman or degrading treatment contrary to Article 3 ECHR, thereby triggering the Secretary of State's duty under section 55(5) to provide support.
  2. 2 Whether the facts of T's case met the threshold of severity required to engage Article 3 ECHR.

Ratio Decidendi

T's circumstances, though difficult, did not reach or verge on the threshold of severity required to engage Article 3 ECHR. He had shelter, sanitary facilities, and some means for food, and was not so unwell as to require immediate treatment. The refusal of support did not amount to inhuman or degrading treatment. The appeal was allowed and the judge's decision in favour of T was overturned.

Court Disposition

Appeal allowed; judgment for Secretary of State; judicial review by T dismissed.

Orders

  • The appeal is allowed.
  • The decision of Maurice Kay J in favour of T is set aside.