ASY & Ors v Home Office

ASY & Ors v Home Office

Claimants subject to the old NRPF regime may recover damages for breach of Article 3 ECHR if they suffered inhuman or degrading treatment, or were at immediate risk, notified the Home Office via a CoC application, did not receive a prompt positive response, and suffered severe distress before resolution. Mere imposition of NRPF or delay, without these elements, does not entitle claimants to damages. Damages must be necessary for just satisfaction under section 8 HRA 1998, based on the facts of each case.

Parties
Appellants: ASY & Ors; Respondent: Home Office
Jurisdiction
England and Wales
Judgment Date
15 November 2024
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Second Appeal
Outcome
Appeal allowed on Ground 3; matter remitted to first instance judge for fact-specific determination applying correct legal test.
Legal Topics
Article 3 ECHR, No Recourse to Public Funds (nrpf), Damages Under Human Rights Act 1998, Systems Duty Under ECHR, Procedural and Substantive Rights Distinction, Destitution and Inhuman or Degrading Treatment
Constitutional Law Human Rights Law Immigration Law Article 3 ECHR No Recourse to Public Funds (nrpf) Damages Under Human Rights Act 1998 Systems Duty Under ECHR Procedural and Substantive Rights Distinction +1 more

Case Brief

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Parties

ASY & Ors

Appellants

Home Office

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Second Appeal

Legal Issues

  1. 1 Whether claimants subject to NRPF under the old regime are entitled to damages for breach of Article 3 ECHR procedural rights without proof of actual inhuman or degrading treatment
  2. 2 Whether a systems duty under Article 3 ECHR arises in the context of NRPF conditions and, if so, its scope and breach
  3. 3 Whether damages are available under section 8 HRA 1998 in the absence of actual inhuman or degrading treatment

Ratio Decidendi

Claimants subject to the old NRPF regime may recover damages for breach of Article 3 ECHR if they suffered inhuman or degrading treatment, or were at immediate risk, notified the Home Office via a CoC application, did not receive a prompt positive response, and suffered severe distress before resolution. Mere imposition of NRPF or delay, without these elements, does not entitle claimants to damages. Damages must be necessary for just satisfaction under section 8 HRA 1998, based on the facts of each case.

Court Disposition

Appeal allowed on Ground 3; matter remitted to first instance judge for fact-specific determination applying correct legal test.

Orders

  • Order of 2 February 2023 set aside.
  • Case remitted to HHJ Ralton for reconsideration of individual claims applying the legal principles set out in this judgment.