Secretary of State for the Home Department, R (on the application of) v Chief Asylum Support Adjudicator

Secretary of State for the Home Department, R (on the application of) v Chief Asylum Support Adjudicator

The Asylum Support Adjudicator has jurisdiction under section 103(1) of the Immigration and Asylum Act 1999 to hear appeals against decisions that an applicant does not qualify for support, including where the Secretary of State's refusal is based on the applicant not being an asylum seeker. The statutory right of appeal is not limited to those who are asylum seekers as defined, but applies to any applicant for section 95 support.

Parties
Claimant: Secretary of State for the Home Department; Defendant: Chief Asylum Support Adjudicator; Interested Party: Flutura Malaj
Jurisdiction
England and Wales
Judgment Date
30 November 2006
Procedural Posture
Judicial Review / Judgment
Outcome
Claim for judicial review dismissed
Legal Topics
Asylum Support, Jurisdiction of Adjudicators, Right of Appeal, Statutory Interpretation
Immigration Law Administrative Law Asylum Support Jurisdiction of Adjudicators Right of Appeal Statutory Interpretation

Case Brief

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Parties

Secretary of State for the Home Department

Claimant

Chief Asylum Support Adjudicator

Defendant

Flutura Malaj

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Chief Asylum Support Adjudicator has jurisdiction to hear an appeal under section 103(1) of the Immigration and Asylum Act 1999 when the Secretary of State refuses support on the basis that the applicant is not an asylum seeker.

Ratio Decidendi

The Asylum Support Adjudicator has jurisdiction under section 103(1) of the Immigration and Asylum Act 1999 to hear appeals against decisions that an applicant does not qualify for support, including where the Secretary of State's refusal is based on the applicant not being an asylum seeker. The statutory right of appeal is not limited to those who are asylum seekers as defined, but applies to any applicant for section 95 support.

Court Disposition

Claim for judicial review dismissed

Orders

  • The claim for judicial review is dismissed.