B, R (on the application of) v The Asylum Support Adjudicator & Anor [2005] EWHC 2017 (Admin) (19 September 2005)

B, R (on the application of) v The Asylum Support Adjudicator & Anor [2005] EWHC 2017 (Admin) (19 September 2005)

The Secretary of State's duty to provide asylum support to a child under section 122 of the 1999 Act is contingent upon the parent being eligible for support under section 95. Once the parent ceases to be eligible, the duty does not arise, and paragraph 2(1)(b) of Schedule 3 does not preserve it.

Citation
[2005] EWHC 2017 (Admin)
Parties
Claimant: 'B'; First Defendant: The Asylum Support Adjudicator; Second Defendant: The Secretary of State for the Home Department; Interested Party: 'V'
Jurisdiction
England and Wales
Judgment Date
19 September 2005
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Asylum Support Eligibility, Statutory Interpretation, Children's Rights, EEA Nationals and Support, Schedule 3 Exceptions
Immigration Law Administrative Law Child Welfare Law Asylum Support Eligibility Statutory Interpretation Children's Rights EEA Nationals and Support Schedule 3 Exceptions

Case Brief

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Parties

'B'

Claimant

The Asylum Support Adjudicator

First Defendant

The Secretary of State for the Home Department

Second Defendant

'V'

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether paragraph 2(1)(b) of Schedule 3 to the Nationality, Immigration and Asylum Act 2002 preserves the duty of the Secretary of State to provide asylum support to a child when the parent ceases to be eligible under section 95 of the Immigration and Asylum Act 1999

Ratio Decidendi

The Secretary of State's duty to provide asylum support to a child under section 122 of the 1999 Act is contingent upon the parent being eligible for support under section 95. Once the parent ceases to be eligible, the duty does not arise, and paragraph 2(1)(b) of Schedule 3 does not preserve it.

Court Disposition

Claim dismissed

Orders

  • Declarations sought in paragraphs 3 and 4 of the Amended Claim Form are refused