NS, R (on the application of) v Social Entitlement Chamber of the First-tier tribunal [2009] EWHC 3819 (Admin) (06 November 2009)

NS, R (on the application of) v Social Entitlement Chamber of the First-tier tribunal [2009] EWHC 3819 (Admin) (06 November 2009)

The First Tier Tribunal made an error of law by holding that permission to proceed with a judicial review was required before regulation 3(2)(e) could be satisfied; the correct approach is that the Secretary of State must consider whether accommodation is necessary to avoid a breach of Convention rights, regardless of whether permission for judicial review has been granted.

Citation
[2009] EWHC 3819 (Admin)
Parties
Claimant: NS; First Defendant: First Tier Tribunal (Social Entitlement Chamber); Second Defendant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
06 November 2009
Procedural Posture
Judicial Review / Final Judgment in Administrative Court
Outcome
Claim allowed in part; decision of First Tier Tribunal quashed
Legal Topics
Provision of Accommodation to Failed Asylum Seekers, Interpretation of Immigration and Asylum (provision of Accommodation to Failed Asylum Seekers) Regulations 2005, Section 4 Immigration and Asylum Act 1999, Judicial Review Procedure, Convention Rights Under Human Rights Act 1998
Immigration Law Administrative Law Human Rights Law Provision of Accommodation to Failed Asylum Seekers Interpretation of Immigration and Asylum (provision of Accommodation to Failed Asylum Seekers) Regulations 2005 Section 4 Immigration and Asylum Act 1999 Judicial Review Procedure Convention Rights Under Human Rights Act 1998

Case Brief

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Parties

NS

Claimant

First Tier Tribunal (Social Entitlement Chamber)

First Defendant

Secretary of State for the Home Department

Second Defendant

Procedural Posture

Judicial Review / Final Judgment in Administrative Court

Legal Issues

  1. 1 Whether the First Tier Tribunal erred in law in its interpretation of regulation 3(2)(e) of the Immigration and Asylum (Provision of Accommodation to Failed Asylum Seekers) Regulations 2005
  2. 2 Whether the provision of accommodation is necessary to avoid a breach of Convention rights under the Human Rights Act 1998 in the context of pending judicial review applications

Ratio Decidendi

The First Tier Tribunal made an error of law by holding that permission to proceed with a judicial review was required before regulation 3(2)(e) could be satisfied; the correct approach is that the Secretary of State must consider whether accommodation is necessary to avoid a breach of Convention rights, regardless of whether permission for judicial review has been granted.

Court Disposition

Claim allowed in part; decision of First Tier Tribunal quashed

Orders

  • Decision of First Tier Tribunal (Social Entitlement Chamber) dated 2 June 2009 quashed
  • Secretary of State to reconsider the claimant's application for accommodation under section 4 Immigration and Asylum Act 1999, including under regulation 3(2)(e)