mercredi 16 avril 2014

Successful Judicial Review brought by Refugee Action

    [2014] EWHC 1033 
    UK High Court of Justice
    11-13 Feb 2014 

  1. This is an application for judicial review of the Defendant's decision, announced to Parliament on 6 June 2013, that the level of support provided in cash to meet the essential living needs of asylum seekers for the financial year 2013/2014 should remain frozen at the rates which had applied since 2011. Such support is provided pursuant to sections 95 to 98 of the Immigration and Asylum Act 1999 ("the 1999 Act"). The weekly amounts are set out in Regulations 10(2) and 10A of the Asylum Support Regulations 2000 ("the AS Regulations 2000").

  2. The claim is brought in the interests of all asylum seekers by the Claimant, which is a charity established in 1981 to support and work with refugee communities in order to facilitate the successful resettlement in the UK of refugees and asylum seekers. In recent years it has been funded predominantly by the Defendant in order to provide advice and assistance to asylum seekers at regional centres, with the remainder of its income coming from charitable grants and individual donations.

  3. Judicial review is sought on the following grounds:

  4. (1) The Defendant's decision that the current rates of asylum support are sufficient to meet the essential living needs of asylum seekers is incompatible with her obligations under EU law and in any event is irrational. No sufficient investigation has been conducted into the level of support necessary to meet essential living needs. In taking the decision the Defendant has taken account of irrelevant considerations and/or material errors of fact, and has failed to take account of relevant considerations.
    (2) The Defendant has breached her public sector equality duties ("PSED") under s. 149 of the Equality Act 2010.
    (3) The Defendant has breached her duty towards children under s. 55 of the Borders, Citizenship and Immigration Act 2009


    Full decision may be read here

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