Shire v Secretary of State for Work and Pensions

Shire v Secretary of State for Work and Pensions

The appellant did not claim asylum 'on her arrival' as required by Regulation 70(3A) and is not entitled to urgent income support. The regulation does not extend to cases where the delay in claiming is due to the claimant's arrangement with an agent, unless there is clear evidence of physical duress.

Parties
Appellant/claimant: Amina Jama Shire; Respondent/defendant: Secretary of State for Work and Pensions
Jurisdiction
England and Wales
Judgment Date
13 October 2003
Procedural Posture
Civil Appeal / Appeal From Social Security Commissioner to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Income Support, Asylum Seekers, Statutory Interpretation
Social Security Law Immigration Law Income Support Asylum Seekers Statutory Interpretation

Case Brief

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Parties

Amina Jama Shire

Appellant/claimant

Secretary of State for Work and Pensions

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From Social Security Commissioner to Court of Appeal

Legal Issues

  1. 1 Interpretation of 'on his arrival' in Regulation 70(3A) of the Income Support General Regulations 1987
  2. 2 Whether the appellant was entitled to urgent case payment of income support as an asylum seeker

Ratio Decidendi

The appellant did not claim asylum 'on her arrival' as required by Regulation 70(3A) and is not entitled to urgent income support. The regulation does not extend to cases where the delay in claiming is due to the claimant's arrangement with an agent, unless there is clear evidence of physical duress.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • No order for costs save Community Legal Services assessment of the appellant's costs