Secretary of State for the Home Department, R (on the application of) v Chief Asylum Support Adjudicator [2003] EWHC 269 (Admin) (10 February 2003)

Secretary of State for the Home Department, R (on the application of) v Chief Asylum Support Adjudicator [2003] EWHC 269 (Admin) (10 February 2003)

A person who does not fulfil the eligibility criteria under section 95 of the Immigration and Asylum Act 1999 is not entitled to asylum support, and NASS may lawfully discontinue support without recourse to regulation 20. Regulation 20 applies only to persons who are eligible for support; it does not restrict the Secretary of State from ceasing support to those outside section 95.

Citation
[2003] EWHC 269 (Admin)
Parties
Claimant: Secretary of State for the Home Department; Defendant: Chief Asylum Support Adjudicator; Interested Party: Niclette Manzana
Jurisdiction
England and Wales
Judgment Date
10 February 2003
Procedural Posture
Judicial Review / Final Judgment
Outcome
decision quashed and appeal dismissed
Legal Topics
Asylum Support, Statutory Interpretation, Public Benefit Eligibility
Immigration Administrative Law Asylum Support Statutory Interpretation Public Benefit Eligibility

Case Brief

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Parties

Secretary of State for the Home Department

Claimant

Chief Asylum Support Adjudicator

Defendant

Niclette Manzana

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether NASS lawfully discontinued asylum support to Ms Manzana
  2. 2 Whether regulation 20 of the Asylum Support Regulations 2000 provides the exclusive grounds for discontinuance of support
  3. 3 Whether a person outside section 95 eligibility can be lawfully denied support

Ratio Decidendi

A person who does not fulfil the eligibility criteria under section 95 of the Immigration and Asylum Act 1999 is not entitled to asylum support, and NASS may lawfully discontinue support without recourse to regulation 20. Regulation 20 applies only to persons who are eligible for support; it does not restrict the Secretary of State from ceasing support to those outside section 95.

Court Disposition

decision quashed and appeal dismissed

Orders

  • Quash the decision of the Chief Asylum Support Adjudicator dated 28 May 2002
  • Direct that Ms Manzana's appeal be dismissed