Satu v London Borough Of Hackney & Anor [2002] EWCA Civ 1843 (6 December 2002)

Satu v London Borough Of Hackney & Anor [2002] EWCA Civ 1843 (6 December 2002)

Section 95(13) of the Immigration and Asylum Act 1999 does not limit the Secretary of State's power under schedule 9, paragraph 15, to prescribe an interim period extending beyond the commencement of section 95; the interim provisions regulations and their amendment are intra vires, and local authorities are not required to pay NASS rates under the interim scheme.

Citation
[2002] EWCA Civ 1843
Parties
Claimant/appellant: Camara Satu; Defendant/respondent: The London Borough of Hackney; Interested Party: The Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
06 December 2002
Procedural Posture
Judicial Review / Appeal From High Court (administrative Court) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Ultra Vires, Asylum Support, Statutory Construction, Interim Provisions, Local Authority Duties
Administrative Law Immigration Law Statutory Interpretation Ultra Vires Asylum Support Statutory Construction Interim Provisions Local Authority Duties

Case Brief

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Parties

Camara Satu

Claimant/appellant

The London Borough of Hackney

Defendant/respondent

The Secretary of State for the Home Department

Interested Party

Procedural Posture

Judicial Review / Appeal From High Court (administrative Court) to Court of Appeal

Legal Issues

  1. 1 Whether the Asylum Support (Interim Provisions) Regulations 1999 and their amendment extending the interim period were ultra vires the Immigration and Asylum Act 1999 after section 95 came into force
  2. 2 Whether local authorities are required to pay NASS rates under the interim scheme

Ratio Decidendi

Section 95(13) of the Immigration and Asylum Act 1999 does not limit the Secretary of State's power under schedule 9, paragraph 15, to prescribe an interim period extending beyond the commencement of section 95; the interim provisions regulations and their amendment are intra vires, and local authorities are not required to pay NASS rates under the interim scheme.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Permission to appeal to the House of Lords refused