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High court give permission for judicial review of Home Office’s failure to provide asylum seeker with adequate accommodation

Monday 24 May 2021

The Claimant is represented by Tim Baldwin of the Garden Court Chambers Community Care Team and the Garden Court Chambers Public Law Team. Tim is instructed by Scott Laing of Bhatia Best solicitors.

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In R(MK) v Secretary of State for Home Department HHJ Allan Gore QC sitting as a High Court judge granted the Claimant permission to judicially review the Secretary of State's failure to provide adequate accommodation to the Claimant, together with their disabled children, in breach of statutory duty. 

HHJ Allan Gore QC held that it was arguable any delay had become irrational, and a legitimate expectation to provide suitable accommodation had arisen, and that it had become plainly arguable that the Secretary of State had not complied with the mandatory duty under s 55 Borders, Citizenship and Immigration Act 2009 to safeguard and promote the welfare of children in the UK. The court expedited the hearing of the claim and made mandatory orders requiring the Secretary of State to provide the Claimant with suitable accommodation pending the hearing. 

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