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Lords considers Home Office appeal

Posted: 06 October 2005 | Subscribe Online


The Home Office appeal against a court ruling that it breached the human rights of three asylum seekers was being heard this week in the House of Lords.

It follows the department's climbdown on section 55 of the Nationality, Immigration and Asylum Act 2002 in May last year after an appeal court ruling. This found that the Home Office had breached Article 3 of the European Convention on Human Rights by denying the asylum seekers support if they failed to make their claim "as soon as reasonably practicable".
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Under a revised approach, which has been in place since July 2004, the National Asylum Support Service provides support to claimants unless it is satisfied they have an alternative source of help available.

Alex Gask, legal officer at human rights organisation Liberty, which is making submissions to the case, said the Lords were likely to reserve judgement and that a ruling would probably not be issued for a couple of months.


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