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House of Lords judgment in Limbuela

Thursday 3 November 2005

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The House of Lords has found that the Secretary of State for the Home Office's practice of refusing accommodation or food to those asylum seekers who fail to claim asylum promptly on arrival in the country, is inhuman and degrading and as such a breach of Article 3 of the European Convention of Human Rights.

The Secretary of State claimed the right to do this under S55 of the National Immigration and Asylum Act 2002.

This is a landmark decision in considering the State's obligations to otherwise destitute people. Further consideration of the case will be posted to the website soonest.

Stephen Knafler was counsel for Shelter who intervened on behalf of Limbuela.

Click here to see a text of judgment.

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