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

A person who does not meet the eligibility criteria for support under section 95 of the Immigration and Asylum Act 1999 is not entitled to support, and NASS is not required to continue payments once the ineligibility is discovered; regulation 20 does not restrict the Secretary of State's power to discontinue support in such cases.

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 / Judgment
Outcome: decision of the Chief Asylum Support Adjudicator quashed; appeal dismissed
Legal Topics: Asylum Support, Statutory Interpretation, Public Benefits, Judicial Review

Immigration Law Administrative Law Asylum Support Statutory Interpretation Public Benefits Judicial Review

Case Brief

Summary, issues, holding and outcome

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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 / Judgment

Legal Issues

1 Whether NASS could lawfully discontinue asylum support to Ms Manzana upon discovering she was never eligible under section 95 of the Immigration and Asylum Act 1999
2 Whether regulation 20 of the Asylum Support Regulations 2000 provides the exclusive grounds for discontinuing support

Ratio Decidendi

Court Disposition

decision of the Chief Asylum Support Adjudicator quashed; appeal dismissed

Orders

The decision of the Chief Asylum Support Adjudicator dated 28 May 2002 is quashed.
Ms Manzana's appeal is dismissed.