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Persons from Abroad

Some of the primary legislation

Immigration, Asylum and Nationality Act 2006
Asylum and Immigration (Treatment of Claimants, etc) Act 2004
Nationality, Immigration and Asylum Act 2002
Immigration and Asylum Act 1999
Human Rights Act 1998
Asylum and Immigration Act 1996
Asylum and Immigration Appeals Act 1993

Some of our recent notable cases

R (on the app of PO) v London Borough of Newham (2014)
The London Borough of Newham’s policy on supporting families with no recourse to public funds was unlawful.
[2014] EWHC 2561 Admin  28/7/2014
Shu Shin Luh

R (on the application of Elisa Nfuni) v Solihull Metropolitan Borough Council (2013) (no link available)
Case concerned the duty of a local authority to provide assistance to a failed asylum seeker where the applicant’s failure to secure a university place effectively ended the pathway plan which had provided for a programme of education.
[2013] EWHC 3155 (Admin) 17/10/2013
Shu Shin Luh

R (SL) v City of Westminster (2013)
A mentally ill and destitute asylum-seeker who needed monitoring and befriending was not in need of “care and attention” for the purposes of section 21 of the National Assistance Act 1948.
[2013] UKSC 27 9/5/2013. Reported at [2013] 1 WLR 1445 and [2013] 3 All ER 191.
Stephen Knafler QC & Adrian Berry

R (A) v London Borough of Newham (2013)
A refusal by a local authority to provide accommodation to the claimant and her mother under the Children Act 1989 s.17 was wrong as she had not made a claim for asylum/article 3 and thus s.122 of the Immigration and Asylum Act 1999 did not apply.
[2013] EWHC 344 (Admin) 28/2/2013
Shu Shin Luh

Pryce v London Borough of Southwark and Secretary of State for the Home Department (Intervener) (2012)
Ms Pryce was unlawfully present under domestic law but the sole carer of her British citizen children. She was successful in establishing that she has an EU right of residence under Article 20 TFEU, following the case of Zambrano. This enabled her to be eligible for homelessness assistance because she was not a person subject to immigration control and was a person with a right of residence. This right was not excluded by the Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006.
[2012] EWCA Civ 1572 7/11/2012. Reported at (2012) 15 CCLR 731
Adrian Berry

FZ, R (on the application of) v London Borough of Croydon (2011)
The leading case on the correct threshold for granting permission for the judicial review of local authority age assessments of young people.
[2011] EWCA Civ 59. Reported at (2011) HLR 22
Jan Luba QC & Shu Shin Luh

R (Clue) v Birmingham (2010)
A local authority had been wrong to deny assistance to a family awaiting a decision on their application for indefinite leave to remain in the UK. Consideration should have been paid to their welfare whilst their application was in process.
[2010] EWCA Civ 460 29/4/2010. Reported at (2010) 4 All ER 423
Stephen Knafler QC & Nadine Finch

JA (Ivory Coast), ES (Tanzania) v Secretary of State for the Home Department (2009)
Article 8 of the Convention applied to foreign nationals who had been granted ELR, then DL, to remain in the UK to receive treatment for HIV+. The law as stated in N v Secretary of State for the Home Department [2005] UKHL 31, [2005] 2 AC 296, did not apply to them and the Court had to decide whether their removal was proportionate.
[2009] EWCA Civ 1353 14/12/2009. Reported at Times, February 02, 2010 and [2010] INLR 353.
Stephen Knafler

R (on the app of YA) v West Middlesex University Hospital NHS Trust (2009)
Guidance to charge failed asylum seekers for NHS treatment declared unlawful.
[2009] EWCA Civ 225 30/3/2009. Reported at Times, April 2, 2009 and (2009) 12 CCLR 213
Stephen Knafler

R (on the app of M) v Slough Borough Council (2008)
Local authority was not required to accommodate asymptomatic HIV+ asylum seeker.
[2008] UKHL 52 30/7/2008. Reported at (2008) 4 All ER 831 and [2008] HLR 44.
Stephen Knafler

London Borough of Harrow v Ibrahim and SSHD (2008)
Case concerning the ability of non-EU national mother to access homelessness assistance as the mother of children with a continued right of education in the UK under EU law.
[2008] EWCA Civ 386 21/4/2008.
Nicola Rogers

KC and NNC v City of Westminster Social & Community Services Department v IC (2008)
Re. the arranged marriage of an incapacitated Bangladeshi adult groom which had been lawful under Muslim law was not recognised in English law.
[2008] EWCA Civ 198 19/3/2008. Reported at [2008] 2 FCR 146
Jan Luba QC and Stephen Knafler

R (D, G) v Leeds City Council and Secretary of State for the Home Department (2007)
The accommodation needs of destitute expectant and nursing mothers, who were failed asylum seekers, were the responsibility of the Home Office and not of local authorities.
[2007] EWHC 3275 (Admin) 11/12/2007
Stephen Knafler

R (Abdirahman) v SSWP (2007)
EEA nationals who were not “qualified persons” within the Immigration (European Economic Area) Regulations 2006 reg.14 did not have a “right to reside” in the United Kingdom and therefore were not entitled to social security benefits. The requirement of a right to reside in the UK was not contrary to EU law
[2007] EWCA Civ 657 5/7/2007. Reported at [2007] All ER 882.
Stephen Knafler

R (Hematzadeh and others) v Wandsworth LBC and others (2007)
Local authorities required to accommodate destitute children in need under Children Act 1989, s 20 and not s 17.
[2007] EWHC Admin 1082 23/4/2007. Reported at (2007) 10 CCLR 439
Stephen Knafler

R (AW, DAY) v Croydon LBC (2007)
Local authorities not SSHD responsible for destitute plus failed asylum-seekers (if lawfully present or with pending, non-abusive fresh representations)
[2007] EWCA Civ 266 4/4/2007. Reported at (2007) 10 CCLR 189 and (2007) BLGR 417.
Stephen Knafler

R (PB) v Haringey LBC/SSHD (2006)
Local authority required to accommodate destitute mother engaged in child care proceedings, pending determination of her Article 8 (ECHR) claim for leave to remain
[2006] EWHC 2255 (Admin) 18/9/06. Reported at (2007) HLR 13.
Stephen Knafler

Barnet LBC v Ismail (2006)
Non-qualified EEA national on income support eligible for housing.
[2006] EWCA Civ 383 6/4/2006. Reported at (2006) 1 WLR 2771
Stephen Knafler

R (Limbuela) v SSHD (2005)
Breach of Article 3 not to support destitute asylum-seeker
[2005] UKHL 66 3/11/05. Reported at [2006] 1 AC 396 and (2006) HLR 10
Stephen Knafler

R (Grant) v Lambeth LBC (2004)
Test case on Schedule 3 of Nationality, Immigration and Asylum Act 2002
[2004] EWCA Civ 1711 16/12/04. Reported at [2005] 1 WLR 1781
Stephen Knafler

R (M) v Islington LBC/SSHD (2004)
Test case on section 54 and Schedule 3 of the Nationality, Immigration and Asylum Act 2002
[2004] EWCA Civ 235 2/4/04. Reported at [2005] 1WLR 884
Stephen Knafler

Al-Ameri v Kensington & Chelsea RLBC (2004)
Local authority’s housing of asylum seekers and preferences of asylum seeker.
[2004] UKHL 4 5/2/04. Reported at [2004] HLR 20
Jan Luba QC and Liz Davies

R (DTS) v SSHD (2003)
Test case on Article 3 and asylum support
[2003] EWHC Admin 1941 31/7/03. Reported at [2004] HLR 16
Stephen Knafler

R (Mani) v Lambeth LBC (2003)
Local authority and not NASS responsible for disabled asylum seekers
[2003] EWCA Civ 836 9/7/03. Reported at [2004] HLR 5
Stephen Knafler

R (Q) v SSHD (2003)
Test case on section 55 of the Nationality, Immigration and Asylum Act 2002
[2003] EWCA Civ 364 18/3/03. Reported at [2004] QB 36.
Stephen Knafler

R (O) v Wandsworth LBC (2000)
Destitute applicants for ELR on the grounds of illness not excluded from assistance under the National Assistance Act 1948 by the Asylum and Immigration Act 1999.
[2000] EWCA Civ 201 22/6/2000. Reported at [2000] 1 WLR 2539
Stephen Knafler

Useful links

ASAP: Asylum Support Appeals Project
Health Protection Agency: Migrant Health Guide
Refugee Council Guides to making an asylum application
Migrant Rights Network
Refugee Action
Refugee Womens’ Resource Project
Liberty’s Guide to Asylum Support and the Right to Work
Seeking Support: Guide to the rights of separated refugee and migrant children (Coram Children’s Legal Centre)
Separated Asylum-Seeking Children in European Union Member States (FRA Report)
Housing Rights Information for New Arrivals to the UK
Migrant Children’s Project Newsletter (Children’s Legal Centre)
Garden Court Social Welfare Law Resources
Accessing Accommodation and Housing Support (Shelter Guide June 2012)
Support for Asylum-seekers and other Migrants: a guide to legal and welfare rights (3rd edition, 2009) by Sue Wilman and Garden Court Chambers barrister Stephen Knafler QC

Stephen Knafler

Report by Garden Court Chambers barrister Nadine Finch ‘Seeking Asylum Alone: Unaccompanied and Separated Children and Refugee Protection in the UK’
Guidance on entitlement to NHS treatment for Asylum seekers in the UK
Asylum Aid: Resources and links relating to HIV/AIDS and women’s issues.
Family Rights Group Advice Sheets for Asylum Seeking Families and their children
NHS Asylum Support pages
UK Border Agency Asylum Support
Refugee Action: campaigning for better treatment of refugees and asylum-seekers in the UK
Refugee Council: advice and support to refugees in the UK
British Institute of Human Rights: a guide to the human rights of refugees and asylum seekers in the UK
Joint Council for the Welfare of Immigrants