Secretary of State for the Home Department, R (on the application of) v Chief Asylum Support Adjudicator [2006] EWHC 3059 (Admin) (30 November 2006)

Secretary of State for the Home Department, R (on the application of) v Chief Asylum Support Adjudicator [2006] EWHC 3059 (Admin) (30 November 2006)

The Asylum Support Adjudicator has jurisdiction under section 103(1) of the Immigration and Asylum Act 1999 to hear appeals against refusals of support, including where the refusal is based on the applicant not being an asylum seeker. The statutory right of appeal is triggered by a refusal to grant support, not by the applicant's status, and Parliament could have limited the right of appeal if it so intended.

Citation
[2006] EWHC 3059 (Admin)
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 / Final Judgment
Outcome
claim dismissed
Legal Topics
Asylum Support, Jurisdiction of Adjudicator, Right of Appeal, Statutory Interpretation
Immigration Law Administrative Law Asylum Support Jurisdiction of Adjudicator 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 / Final 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 where 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 refusals of support, including where the refusal is based on the applicant not being an asylum seeker. The statutory right of appeal is triggered by a refusal to grant support, not by the applicant's status, and Parliament could have limited the right of appeal if it so intended.

Court Disposition

claim dismissed

Orders

  • The claim for judicial review is dismissed.