Shire v Secretary of State for Work and Pensions [2003] EWCA Civ 1465 (13 October 2003)

Shire v Secretary of State for Work and Pensions [2003] EWCA Civ 1465 (13 October 2003)

The appellant did not claim asylum 'on her arrival' as required by Regulation 70(3A), and the circumstances did not justify a departure from the literal interpretation of the regulation. Use of an agent does not constitute sufficient duress to excuse non-compliance with the regulation's timing requirement.

Citation
[2003] EWCA Civ 1465
Parties
Appellant/claimant: Amina Jama Shire; Respondent/defendant: Secretary of State for Work and Pensions
Jurisdiction
England and Wales
Judgment Date
13 October 2003
Procedural Posture
Appeal From Social Security Commissioner / Court of Appeal (civil Division) Judgment
Outcome
Appeal dismissed
Legal Topics
Income Support, Asylum Seekers, Interpretation of Regulations
Social Security Law Immigration Law Income Support Asylum Seekers Interpretation of Regulations

Case Brief

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Parties

Amina Jama Shire

Appellant/claimant

Secretary of State for Work and Pensions

Respondent/defendant

Procedural Posture

Appeal From Social Security Commissioner / Court of Appeal (civil Division) Judgment

Legal Issues

  1. 1 Interpretation of 'on his arrival' in Regulation 70(3A) of the Income Support General Regulations 1987
  2. 2 Eligibility for urgent case payment of income support for asylum seekers who do not claim on arrival

Ratio Decidendi

The appellant did not claim asylum 'on her arrival' as required by Regulation 70(3A), and the circumstances did not justify a departure from the literal interpretation of the regulation. Use of an agent does not constitute sufficient duress to excuse non-compliance with the regulation's timing requirement.

Court Disposition

Appeal dismissed

Orders

  • No order for costs save Community Legal Services assessment of the appellant's costs