Al-Ameri v Kensington & Chelsea

Al-Ameri v Kensington & Chelsea

Residence in accommodation allocated under the NASS dispersal scheme is not residence of the applicant's own choice for the purposes of s199(1)(a) of the Housing Act 1996, because the statutory scheme requires the provider to ignore any preference of the asylum seeker as to locality. Therefore, such residence cannot give rise to a local connection under that provision.

Parties
Appellant: Ammar Al-Ameri; Respondent: Royal Borough of Kensington & Chelsea; Appellant: Maria Osmani; Respondent: London Borough of Harrow; Intervener: Glasgow City Council
Jurisdiction
England and Wales
Judgment Date
28 February 2003
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeals allowed (by majority)
Legal Topics
Local Connection Under Homelessness Legislation, Asylum Seeker Accommodation, Statutory Interpretation
Housing Law Immigration Law Administrative Law Local Connection Under Homelessness Legislation Asylum Seeker Accommodation Statutory Interpretation

Case Brief

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Parties

Ammar Al-Ameri

Appellant

Royal Borough of Kensington & Chelsea

Respondent

Maria Osmani

Appellant

London Borough of Harrow

Respondent

Glasgow City Council

Intervener

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether residence in accommodation allocated under the NASS dispersal scheme can give rise to a local connection under s199(1)(a) of the Housing Act 1996

Ratio Decidendi

Residence in accommodation allocated under the NASS dispersal scheme is not residence of the applicant's own choice for the purposes of s199(1)(a) of the Housing Act 1996, because the statutory scheme requires the provider to ignore any preference of the asylum seeker as to locality. Therefore, such residence cannot give rise to a local connection under that provision.

Court Disposition

Appeals allowed (by majority)

Orders

  • Decisions of the lower courts are set aside; the appellants are not to be regarded as having a local connection with Glasgow City Council under s199(1)(a) of the Housing Act 1996.