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 ineligible for support or assistance under Schedule 3, subject to exceptions. Where provision of support is necessary to avoid breach of Convention rights, local authorities must provide it under section 21 of the 1948 Act if the criteria are met. The making of a purported fresh claim does not always necessitate support pending a decision; necessity depends on the facts and merits of the representations.

Parties
First Claimant: A W; Second Claimant: A; Third Claimant: D; Fourth Claimant: 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 Three Issues
Outcome
Preliminary ruling delivered on three issues; parties to reconsider positions in individual cases.
Legal Topics
Failed Asylum Seekers, Eligibility for Support, Convention Rights, Local Authority Duties, Section 21 National Assistance Act 1948, Section 4 Immigration and Asylum Act 1999, Schedule 3 Nationality, Immigration and Asylum Act 2002
Immigration Law Administrative Law Human Rights Law Failed Asylum Seekers Eligibility for Support Convention Rights Local Authority Duties Section 21 National Assistance Act 1948 +2 more

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 5 Authorities cited 19 Party arguments 2
Sign in to unlock

Parties

A W

First Claimant

A

Second Claimant

D

Third Claimant

Y

Fourth Claimant

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 Three Issues

Legal Issues

  1. 1 Whether failed asylum-seekers in breach of immigration laws are excluded from support under Schedule 3, Nationality, Immigration and Asylum Act 2002
  2. 2 Whether local authorities or Secretary of State must provide support to failed asylum-seekers to avoid breach of Convention rights
  3. 3 Whether making a purported fresh claim always necessitates support pending Secretary of State's decision

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 ineligible for support or assistance under Schedule 3, subject to exceptions. Where provision of support is necessary to avoid breach of Convention rights, local authorities must provide it under section 21 of the 1948 Act if the criteria are met. The making of a purported fresh claim does not always necessitate support pending a decision; necessity depends on the facts and merits of the representations.

Court Disposition

Preliminary ruling delivered on three issues; parties to reconsider positions in individual cases.

Orders

  • Failed asylum-seekers in breach of immigration laws are ineligible for support under Schedule 3, subject to exceptions.
  • Local authorities must provide support under section 21 of the 1948 Act where necessary to avoid breach of Convention rights.