Husain, R (on the application of) v Secretary Of State For Home Department [2001] EWHC Admin 852 (1st November, 2001)

Husain, R (on the application of) v Secretary Of State For Home Department [2001] EWHC Admin 852 (1st November, 2001)

A destitute asylum-seeker who is receiving support under Part VI of the Immigration and Asylum Act 1999 has a civil right to the continuation of that support, subject to regulation 20 of the Asylum Support Regulations 2000. The withdrawal of support is a determination of civil rights and obligations within Article 6 ECHR. The current system, where asylum support adjudicators are appointed and controlled by the Secretary of State, does not provide the necessary independence required by Article 6. However, the availability of judicial review by the High Court ensures that the system as a whole complies with Article 6. The claimant's late arguments under Articles 3 and 8 ECHR were not...

Citation
[2001] EWHC Admin 852
Parties
Claimant: Hamid Ali Husain; Defendant: Asylum Support Adjudicator; Interested Party: Secretary of State for the Home Department
Jurisdiction
England and Wales
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Article 6 ECHR – Right to Fair Trial, Article 3 ECHR – Prohibition of Inhuman or Degrading Treatment, Article 8 ECHR – Right to Respect for Private and Family Life, Judicial Review, Tribunal Independence, Asylum Support
Administrative Law Human Rights Law Immigration Law Article 6 ECHR – Right to Fair Trial Article 3 ECHR – Prohibition of Inhuman or Degrading Treatment Article 8 ECHR – Right to Respect for Private and Family Life Judicial Review Tribunal Independence +1 more

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Parties

Hamid Ali Husain

Claimant

Asylum Support Adjudicator

Defendant

Secretary of State for the Home Department

Interested Party

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether the office of asylum support adjudicator under the Immigration and Asylum Act 1999 is compatible with Article 6 ECHR (right to a fair trial) regarding independence and impartiality.
  2. 2 Whether the withdrawal of asylum support constitutes a determination of civil rights and obligations under Article 6 ECHR.
  3. 3 Whether the withdrawal of support to a destitute asylum-seeker constitutes inhuman or degrading treatment under Article 3 ECHR.

Ratio Decidendi

A destitute asylum-seeker who is receiving support under Part VI of the Immigration and Asylum Act 1999 has a civil right to the continuation of that support, subject to regulation 20 of the Asylum Support Regulations 2000. The withdrawal of support is a determination of civil rights and obligations within Article 6 ECHR. The current system, where asylum support adjudicators are appointed and controlled by the Secretary of State, does not provide the necessary independence required by Article 6. However, the availability of judicial review by the High Court ensures that the system as a whole complies with Article 6. The claimant's late arguments under Articles 3 and 8 ECHR were not...

Court Disposition

Claim dismissed

Orders

  • Declaration that the system as a whole (including judicial review) complies with Article 6 ECHR.
  • Refusal of permission to amend claim to include Articles 3 and 8 ECHR arguments in relation to the adjudicator's decision.