Homelessness charity Shelter has welcomed High Court guidance that
should guarantee support and accommodation to vulnerable asylum
seekers and prevent them from sleeping on the streets.
Mr Justice Kay issued guidance last week on section 55 of the
Nationality, Immigration and Asylum Act 2002 after the 18 judges
who deal with asylum cases expressed concern over the growing
number of applications for judicial review.
He recommended that anyone waiting more than 24 hours for their
case for support to be reconsidered should be housed if human
rights were likely to be breached, and that the test for human
rights to those facing destitution be applied correctly.
Shelter director Adam Sampson said: “This makes it clear the Home
Office must provide accommodation and support for asylum seekers
awaiting decisions on their application, and decide on cases much
There are about 800 applications pending to the courts by asylum
seekers claiming their human rights are being infringed by section
55, which denies them support unless they make their asylum claims
as soon as possible.
The judge rebuked the Home Office for continuing to ignore the
basic human rights of asylum seekers under section 55 and for
failing to resolve asylum claims expeditiously.
Shelter said the outcome left the legislation “virtually