AW, R (on the application of) v London Borough of Croydon [2005] EWHC 2950 (QB) (16 December 2005)

AW, R (on the application of) v London Borough of Croydon [2005] EWHC 2950 (QB) (16 December 2005)

A failed asylum-seeker who is in the United Kingdom in breach of the immigration laws within the meaning of section 11 of the Nationality, Immigration and Asylum Act 2002 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, the responsible authority is determined by the statutory scheme: if the individual qualifies for support under section 21 of the National Assistance Act 1948, the local authority must provide it; otherwise, the Secretary of State may provide support under section 4 of the...

Citation
[2005] EWHC 2950
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 on Legal Issues
Outcome
Preliminary ruling delivered; failed asylum-seekers in breach of immigration laws are ineligible for support under Schedule 3, subject to exceptions; responsibility for support to avoid breach of Convention rights lies with the authority determined by the statutory scheme.
Legal Topics
Eligibility for Local Authority Support, Failed Asylum Seekers, Schedule 3 Nationality, Immigration and Asylum Act 2002, Section 21 National Assistance Act 1948, Section 4 Immigration and Asylum Act 1999, Convention Rights Under Human Rights Act 1998
Administrative Law Immigration Law Human Rights Law Eligibility for Local Authority Support Failed Asylum Seekers Schedule 3 Nationality, Immigration and Asylum Act 2002 Section 21 National Assistance Act 1948 Section 4 Immigration and Asylum Act 1999 +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 on Legal Issues

Legal Issues

  1. 1 Whether failed asylum-seekers in breach of immigration laws are excluded from support by Schedule 3, paragraphs 1 and 7, Nationality, Immigration and Asylum Act 2002
  2. 2 Whether local authority or Secretary of State is responsible for support necessary to avoid breach of Convention rights under section 21 National Assistance Act 1948 and section 4 Immigration and Asylum Act 1999
  3. 3 Whether making a purported fresh claim for asylum always necessitates support to avoid breach of Convention rights pending decision

Ratio Decidendi

A failed asylum-seeker who is in the United Kingdom in breach of the immigration laws within the meaning of section 11 of the Nationality, Immigration and Asylum Act 2002 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, the responsible authority is determined by the statutory scheme: if the individual qualifies for support under section 21 of the National Assistance Act 1948, the local authority must provide it; otherwise, the Secretary of State may provide support under section 4 of the...

Court Disposition

Preliminary ruling delivered; failed asylum-seekers in breach of immigration laws are ineligible for support under Schedule 3, subject to exceptions; responsibility for support to avoid breach of Convention rights lies with the authority determined by the statutory scheme.