Secretary of State for the Home Department, R (on the application of) v Chief Asylum Support Adjudicator & Anor [2002] EWHC 2218 (Admin) (25 October 2002)

Secretary of State for the Home Department, R (on the application of) v Chief Asylum Support Adjudicator & Anor [2002] EWHC 2218 (Admin) (25 October 2002)

The right of appeal under section 103(2) of the Immigration and Asylum Act 1999 only arises where there is a pre-existing right to section 95 support that is prematurely terminated by a subsequent decision. Where support is granted subject to a condition (such as moving to a dispersal area) and the applicant refuses to comply, there is no stoppage of existing support but rather a conditional offer, and thus no jurisdiction for a stoppage appeal. The Chief Asylum Support Adjudicator had no jurisdiction to hear the appeal in this case.

Citation
[2002] EWHC 2218 (Admin)
Parties
Claimant: Secretary of State for the Home Department; Defendant: Chief Asylum Support Adjudicator; Interested Party: Ahmet Dogan
Jurisdiction
England and Wales
Judgment Date
25 October 2002
Procedural Posture
Judicial Review / Final Judgment
Outcome
application allowed
Legal Topics
Asylum Support, Statutory Interpretation, Appeals Process, Jurisdiction of Adjudicators, Dispersal Policy, Human Rights
Immigration Law Administrative Law Public Law Asylum Support Statutory Interpretation Appeals Process Jurisdiction of Adjudicators Dispersal Policy +1 more

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Parties

Secretary of State for the Home Department

Claimant

Chief Asylum Support Adjudicator

Defendant

Ahmet Dogan

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Chief Asylum Support Adjudicator had jurisdiction under section 103(2) of the Immigration and Asylum Act 1999 to hear an appeal by an asylum seeker with a child who was granted support conditional on moving to a dispersal area, which the family refused to do.

Ratio Decidendi

The right of appeal under section 103(2) of the Immigration and Asylum Act 1999 only arises where there is a pre-existing right to section 95 support that is prematurely terminated by a subsequent decision. Where support is granted subject to a condition (such as moving to a dispersal area) and the applicant refuses to comply, there is no stoppage of existing support but rather a conditional offer, and thus no jurisdiction for a stoppage appeal. The Chief Asylum Support Adjudicator had no jurisdiction to hear the appeal in this case.

Court Disposition

application allowed

Orders

  • The determination of the Chief Asylum Support Adjudicator is quashed.