Kola & Anor v Secretary of State for Work and Pensions

Kola & Anor v Secretary of State for Work and Pensions

Neither appellant claimed asylum 'on arrival' as required by regulation 70(3A) because both left their port of entry without making a claim and were not under duress; thus, they were not entitled to Income Support.

Parties
Appellant: Kola; Appellant: Mirzajani; Respondent: Secretary of State for Work and Pensions
Jurisdiction
England and Wales
Judgment Date
21 May 2004
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

Summary, issues, holding and outcome

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Parties

Kola

Appellant

Mirzajani

Appellant

Secretary of State for Work and Pensions

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the appellants claimed asylum 'on arrival' within the meaning of regulation 70(3A) of the Income Support (General) Regulations 1987 and were thus entitled to Income Support.

Ratio Decidendi

Neither appellant claimed asylum 'on arrival' as required by regulation 70(3A) because both left their port of entry without making a claim and were not under duress; thus, they were not entitled to Income Support.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Application for leave to appeal to the House of Lords dismissed