SHAKAR OMAR ALI AGAINST SERCO LIMITED AND OTHERS AND LANA RASHIDI AGAINST SERCO LIMITED AND ANOTHER [2019] ScotCS CSOH_34 (12 April 2019)

SHAKAR OMAR ALI AGAINST SERCO LIMITED AND OTHERS AND LANA RASHIDI AGAINST SERCO LIMITED AND ANOTHER [2019] ScotCS CSOH_34 (12 April 2019)

Serco, when providing accommodation to asylum seekers under contract with the Home Office, acts as a public authority for Human Rights Act purposes, but the statutory scheme provides adequate opportunity for proportionality review by the First-tier Tribunal, satisfying Article 8 ECHR. There is no requirement for a court order prior to eviction, as statutory protections under the Rent (Scotland) Act 1984 do not apply, and the occupancy agreement is not a lease due to absence of rent. No breach of Article 3 or 8 ECHR is established by the lock-change policy, and no relevant case is made out for the orders sought.

Citation
[2019] ScotCS CSOH_34
Parties
Pursuer: Shakar Omar Ali; Pursuer: Lana Rashidi; Defender: Serco Limited; Defender: Compass SNI Limited; Defender: Secretary of State for the Home Department
Jurisdiction
Scotland
Judgment Date
12 April 2019
Procedural Posture
Civil / Outer House, Court of Session – Opinion on Relevancy and Dismissal
Outcome
Actions dismissed; defenders' pleas to relevancy sustained; decree of dismissal granted.
Legal Topics
Eviction of Asylum Seekers, Requirement of Court Order for Eviction, Public Authority Status Under Human Rights Act, Article 3 and 8 ECHR Rights, Statutory Rights to Accommodation, Nature of Occupancy Agreements
Administrative Law Human Rights Law Housing Law Eviction of Asylum Seekers Requirement of Court Order for Eviction Public Authority Status Under Human Rights Act Article 3 and 8 ECHR Rights Statutory Rights to Accommodation +1 more

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Parties

Shakar Omar Ali

Pursuer

Lana Rashidi

Pursuer

Serco Limited

Defender

Compass SNI Limited

Defender

Secretary of State for the Home Department

Defender

Procedural Posture

Civil / Outer House, Court of Session – Opinion on Relevancy and Dismissal

Legal Issues

  1. 1 Whether Serco must obtain a court order before evicting asylum seekers from accommodation provided under the Immigration and Asylum Act 1999
  2. 2 Whether Serco acts as a public authority for the purposes of the Human Rights Act 1998
  3. 3 Whether eviction without a court order breaches Articles 3 or 8 ECHR

Ratio Decidendi

Serco, when providing accommodation to asylum seekers under contract with the Home Office, acts as a public authority for Human Rights Act purposes, but the statutory scheme provides adequate opportunity for proportionality review by the First-tier Tribunal, satisfying Article 8 ECHR. There is no requirement for a court order prior to eviction, as statutory protections under the Rent (Scotland) Act 1984 do not apply, and the occupancy agreement is not a lease due to absence of rent. No breach of Article 3 or 8 ECHR is established by the lock-change policy, and no relevant case is made out for the orders sought.

Court Disposition

Actions dismissed; defenders' pleas to relevancy sustained; decree of dismissal granted.