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After 18 months of litigation, the High Court has found that the government's operation of the asylum support system is unlawful and discriminatory.
Full 70-page judgment available here: https://www.bailii.org/ew/cases/EWHC/Admin/2020/3416.html
Here's a quick overview
[Disclaimer: I represented AA]
![After 18 months of litigation, the High Court has found that the government's operation of the asylum support system is unlawful and discriminatory.Full 70-page judgment available here: https://www.bailii.org/ew/cases/EWHC/Admin/2020/3416.htmlHere's a quick overview [Disclaimer: I represented AA]](https://pbs.twimg.com/media/EpMdqUrW4AgJ1Zf.png "After 18 months of litigation, the High Court has found that the government's operation of the asylum support system is unlawful and discriminatory.Full 70-page judgment available here: https://www.bailii.org/ew/cases/EWHC/Admin/2020/3416.htmlHere's a quick overview [Disclaimer: I represented AA]")
Full 70-page judgment available here: https://www.bailii.org/ew/cases/EWHC/Admin/2020/3416.html
Here's a quick overview
[Disclaimer: I represented AA]
TL;DR - the finding of unlawfulness is based on widespread unreasonable delays in the Home Office's provision of asylum support accommodation to destitute and vulnerable individuals, its lack of effective data capture and its failure to monitor disability.
Under sec. 4(2) of the Immigration & Asylum Act 1999 the Secretary of State must provide accommodation & vouchers worth £35 per week to eligible destitute refused asylum seekers - highly vulnerable individuals.
By contrast, the private sector contracts are worth £4bn over 10yrs
By contrast, the private sector contracts are worth £4bn over 10yrs
The judicial review was brought by 5 individual claimants, each represented by the public law ninjas at @dpg_law.
They challenged unreasonable systemic delays, breaches of their right not to suffer degrading treatment and various grounds of disability discrimination.
They challenged unreasonable systemic delays, breaches of their right not to suffer degrading treatment and various grounds of disability discrimination.
The Court's findings are stark.
There was 'huge delay' in AA's case, despite the fact that he was seriously disabled with a terminal illness.
The Home Office failed to arrange adequate accommodation for a period of 9 months.
There was 'huge delay' in AA's case, despite the fact that he was seriously disabled with a terminal illness.
The Home Office failed to arrange adequate accommodation for a period of 9 months.
The Secretary of State had provided the Court with inaccurate figures on the performance of her private sector contractors. In reality, performance was far worse than she claimed it was.
The situation was 'chaotic'.
The situation was 'chaotic'.
The failure to monitor the system effectively (or at all) puts highly vulnerable and disabled individuals at 'unnecessary risk'.
It would need to change.
It would need to change.
Sound and proper monitoring of disabled applicants is essential and 'would provide a start to making the system work for disabled individuals'
The Secretary of State had discriminated against AA on the because of his accommodation needs connected to his disability.
The Court rejected the government's argument that disability discrimination was justified in the interests of immigration control.
The Court rejected the government's argument that disability discrimination was justified in the interests of immigration control.
There were positive findings on the breach of the reasonable adjustments duty, breach of the public sector equality duty and some comment on the Court's constitutional role in reviewing dysfunction executive systems.
I will blog about it in more detail but you get the gist.
I will blog about it in more detail but you get the gist.
Lots of team work went into this. I was instructed for AA by Sasha Rozansky of @dpg_law and led by @ZoeLeventhal of @matrixchambers. Four other claimants also represented by DPG's @PollyGlynn1 instructing @Landmark_LC’s @workofanhour leading @kerbarnes of @39EssexChambers
Big thanks also to the frontline NGO professionals who provided detailed and compelling evidence in support of the claims.
@refugeecouncil
@HelenBamber
@FreefromTorture
@BristolRefugeeR
@RefugeeAction
@BritishRedCross
@refugeecouncil
@HelenBamber
@FreefromTorture
@BristolRefugeeR
@RefugeeAction
@BritishRedCross
