Rasul, R (on the application of) v Asylum Support Adjudicator & Ors

Rasul, R (on the application of) v Asylum Support Adjudicator & Ors

The ASA is precluded from substituting its own view for the Secretary of State's opinion under regulation 3(2)(c), as this is a matter of policy to be determined by the Secretary of State. The Secretary of State's decision to discontinue section 4 support was lawful, as the relevant opinion was no longer held and the claimant failed to satisfy any other condition for support.

Parties
Claimant: Rasul; Defendant: Asylum Support Adjudicator and Others
Jurisdiction
England and Wales
Judgment Date
24 February 2006
Procedural Posture
Judicial Review / Judgment After Full Hearing
Outcome
Application for judicial review dismissed
Legal Topics
Asylum Support, Judicial Review, Statutory Interpretation, Ultra Vires, Appeals Process
Immigration Law Administrative Law Asylum Support Judicial Review Statutory Interpretation Ultra Vires Appeals Process

Case Brief

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Parties

Rasul

Claimant

Asylum Support Adjudicator and Others

Defendant

Procedural Posture

Judicial Review / Judgment After Full Hearing

Legal Issues

  1. 1 Whether the Asylum Support Adjudicator (ASA) can go behind the Secretary of State's opinion under regulation 3(2)(c) of the Immigration and Asylum (Provision of Accommodation to Failed Asylum Seekers) Regulations 2005
  2. 2 Whether the Secretary of State's decision to discontinue section 4 support was lawful

Ratio Decidendi

The ASA is precluded from substituting its own view for the Secretary of State's opinion under regulation 3(2)(c), as this is a matter of policy to be determined by the Secretary of State. The Secretary of State's decision to discontinue section 4 support was lawful, as the relevant opinion was no longer held and the claimant failed to satisfy any other condition for support.

Court Disposition

Application for judicial review dismissed

Orders

  • No order as to costs, save for full assessment of the claimant's costs for public funding purposes
  • Interim relief to continue for two weeks and for the duration of any fresh application and appeal, provided the claimant applies within 14 days