Asylum-seeker loses section nine case

The first High Court challenge to government policy that can lead to failed asylum-seekers having their children taken into care failed today.

A Congolese failed asylum-seeker, who is a mother of three, had her support stopped by the Home Office in August and was threatened with having her children taken from her under section nine of the Asylum and Immigration Act.

The woman continued to receive support while fighting her case. Her solicitor Sue Willman argued that the policy breaches the UN convention on the rights of the child and the Human Rights Act but the judges ruled the woman was able to stop her human rights from being breached by returning to her country of origin.

Willman said her client would be appealing against the ruling.



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