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”.
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
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.