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• Asylum seekers win human rights battle with government

Refugee welfare groups fear that many asylum seekers will be left sleeping rough and destitute as a result of a new government policy that will remove support for those who do not apply for asylum immediately on arrival in the UK, writes Clare Jerrom.

From this week, asylum applicants who do not apply for asylum ‘as soon as reasonably practicable’ after arrival in the country will not be eligible to apply for support from the National Asylum Support Service

"The British government, rather than leading the way to better protection and humane conditions for asylum seekers and refugees across Europe, is actually pulling standards downwards, which could result in thousands of vulnerable people being left homeless and hungry across the continent," said Margaret Lally, deputy chief executive of the Refugee Council.

Under the new measures in Section 55 and 57 of the Nationality, Immigration and Asylum Act 2002, asylum seekers will only be eligible to apply for NASS support if they can prove they have applied for asylum immediately and that they meet the criteria for destitution.

However there is no definition or guidance on what is meant by ‘as soon as reasonably practicable’ according to the council. It believes in practice this would mean asylum applicants should apply for asylum at a port immediately on entry to the UK.

The National Assistance Act 1948 will come into play to support those asylum seekers with mental health or special needs.

The council fears the new measures will affect the majority of asylum seekers as in 2001, 65 per cent of asylum applications were in-country and not on arrival to an immigration officer at the port of entry.

The Refugee Action also believes the new policy will cause immense suffering, "and may contravene article 3 of the Human Rights Act 1998".

"We are seeking urgent legal advice on how to help asylum seekers challenge this in the courts, and whether we launch a legal challenge ourselves," a statement from the charity said.

A spokesperson for Liberty confirmed this week that the civil rights organisation will be challenging the legislation.

It will bring a test case before the high court on behalf of the refugee groups under article three of the human rights act, which is protection against being subjected to cruel, inhumane and degrading treatment.