Home > Resources > Immigration legal resources > Asylum Support (Community Care and Welfare Benefits)

Asylum Support (Community Care and Welfare Benefits)

Some of the primary legislation

Some of our recent notable cases

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.
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

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

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 C) v Birmingham City Council (2008)
Successful application for judicial review of local authority’s decision to stop funding housing costs of family unlawfully residing in the country and instead fund the removal of the family, breaching the family’s human rights.
[2008] EWHC 3036 18/11/2008 Reported at (2009) 1 All ER 1039
Nadine Finch

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

R (on the app of A) v West Middlesex University Hospital NHS Trust (2008)
Guidance to charge failed asylum seekers for NHS treatment declared unlawful.
[2008] EWHC 855 11/4/2008. Reported at (2008) 11 CCLR 358.
Stephen Knafler

R (D, G) v Leeds City Council and Secretary of State for the Home Department (2007)
The accomodation 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(H) & others v Wandsworth, Lambeth and Islington London Borough Council (2007)
Homeless children in need must be accommodated under Children Act 1989, s 20 and not s 17. This case brings to an end the practice of many local authorities of accommodating child asylum-seekers, and others, under s 17, when those children meet the s 20 criteria.
[2007] EWHC 1082 Admin 23/4/2007. Reported at [2007] 2 FLR 822.
Stephen Knafler

R (AW, DAY) v Croydon LBC (2005)
Local authorities not SSHD responsible for destitute plus failed asylum-seekers (if lawfully present or with pending, non-abusive fresh representations)
[2005] EWHC Admin 2950 16/12/05. Reported at Times, May 11 2007.
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.
Stephen Knafler

Szoma v Secretary of State for Department of Work and Pensions (2005)
The meaning of ‘lawful presence’ for social security purposes
[2005] UKHL 64 27/10/05. Reported at (2006) 1 AC 564.
Duran Seddon

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
Stehen Knafler

The Queen on the application of Berhe (2003)
Assistance provided to unaccompanied asylum-seeking child
[2003] EWHC 2075 (Admin) 29/8/03. Reported at (2004) 1 FLR 439.
Nadine Finch and Jan Luba QC

R (DTS) v SSHD (2003)
Test case on Article 3 and asylum support
[2003] EWHC Admin 1941 31/7/03 . Reported at (2003) UKHRR 1321.
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 Times, July 23, 2003.
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 [2004] QB 36
Stephen Knafler

Al-Ameri v Royal Borough of Kensington & Chelsea and Osmani v London Borough of Harrow (2003)
Local authority’s housing of asylum seekers and preferences of asylum seeker.
[2003] EWCA Civ 235 28/2/03. Reported at (2003) 1 WLR 1289
Jan Luba QC

O v Wandsworth LBC (2000)
Destitute applicants for ELR on the grounds of illness not excluded from assistance under National Assistance Act 1948 by the Asylum and Immigration Act 1999
[2000] EWCA 201 22/6/00. Reported at [2000] 1 WLR 2539
Stephen Knafler

Useful links


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