News

• Government wins asylum appeal
• Analysis: Government defies protests in bid to uphold section 55 of Asylum Act
• Appeal Court upholds ruling on late asylum claims
• Asylum seekers overturn government block on housing and benefits
• Asylum seekers will be made 'destitute' by law change

A high court judge has ruled that the human rights of three asylum seekers were breached when they were forced to sleep rough for days after being refused support by the National Asylum Support System, writes Clare Jerrom.

The home secretary had decided that the three asylum seekers did not claim asylum immediately after entering the UK, and it was not a breach of their human rights for them to sleep rough.

Asylum seekers must produce cogent medical evidence of ill health or other severe consequences of being homeless, such as being on the verge of prostitution or crime, he argued.

The Refugee Council welcomed the ruling and acting chief executive Margaret Lally said it was “appalling” that people seeking sanctuary could be forced into homelessness and destitution. She also warned that refugee organisations lack the necessary resources to provide support to those denied help under section 55 of the Nationality, Immigration and Asylum Act.

Section 55 came into force in January and meant that in order to qualify for NASS support asylum seekers should apply for asylum ‘as soon as reasonably practicable’.

Six asylum seekers won their legal challenge against the new rules in February, and the court of appeal upheld the ruling and said the new law could work effectively, but changes to procedures needed to be made.

However between the court of appeal ruling and the new home office procedures being implemented in July, around 2,000 asylum seekers were allowed into emergency accommodation. They are now being called for section 55 interviews under 'Operation Platinum' to decide whether they are entitled to support while their claims are processed.

Last month a number of organisations working with refugees including Refugee Action, Refugee Council, Oxfam, Shelter and Liberty joined together to call for section 55 to be abolished.

Information on Community Care's Right to Refuge campaign