Mustafa, R (On the Application Of) v Kent County Council [2018] EWHC 2025 (Admin) (31 July 2018)

Mustafa, R (On the Application Of) v Kent County Council [2018] EWHC 2025 (Admin) (31 July 2018)

A failed asylum-seeker who has made further submissions which have not yet been accepted by the Secretary of State as a fresh claim is not an 'asylum-seeker' for the purposes of Schedule 3 of the Nationality Immigration and Asylum Act 2002. The UK's domestic legal framework, including section 4 of the Immigration and Asylum Act 1999 and paragraph 3 of Schedule 3 of the NIAA, satisfies the minimum requirements of the Reception Directive, and it is not necessary to interpret 'asylum-seeker' more broadly to comply with EU law.

Citation
[2018] EWHC 2025 (Admin)
Parties
Claimant: Wishyar Mustafa; Defendant: Kent County Council; Interested Party: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
31 July 2018
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Application for judicial review refused
Legal Topics
Asylum Support, Interpretation of 'asylum Seeker', Reception Directive, Children Act 1989, Nationality Immigration and Asylum Act 2002, Immigration and Asylum Act 1999, Judicial Review of Local Authority Support Decisions
Immigration Law Administrative Law European Union Law Asylum Support Interpretation of 'asylum Seeker' Reception Directive Children Act 1989 Nationality Immigration and Asylum Act 2002 +2 more

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Parties

Wishyar Mustafa

Claimant

Kent County Council

Defendant

Secretary of State for the Home Department

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether a failed asylum-seeker who has made further submissions not yet accepted as a fresh claim is an 'asylum-seeker' for the purposes of Schedule 3 of the Nationality Immigration and Asylum Act 2002
  2. 2 Whether UK domestic law must interpret 'asylum-seeker' in line with the Reception Directive to include such persons

Ratio Decidendi

A failed asylum-seeker who has made further submissions which have not yet been accepted by the Secretary of State as a fresh claim is not an 'asylum-seeker' for the purposes of Schedule 3 of the Nationality Immigration and Asylum Act 2002. The UK's domestic legal framework, including section 4 of the Immigration and Asylum Act 1999 and paragraph 3 of Schedule 3 of the NIAA, satisfies the minimum requirements of the Reception Directive, and it is not necessary to interpret 'asylum-seeker' more broadly to comply with EU law.

Court Disposition

Application for judicial review refused

Orders

  • Application for judicial review is refused.