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asylum support crisis response website...helping to secure housing and support for eu accession nationals
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Stop Press - Home Office: has given in…almost 3000 households saved from imminent abyss, legal case postponed
What's New: Alerts
Summaries:
| 03 June 04 | Refugee Council issues briefing detailing their concerns about: the lack of planning, notice and consultation over the options available to people, scale of potential destitution, homelessness, race relations implications and says further legal challenges on a "number of fronts" are being considered. With delays in securing employment or self-employment, worker registration, obtaining national insurance numbers, processing benefits applications by the DWP, Inland Revenue and local authorities and delays carrying out assessments.
| 28 May 04 | NASS to start sending letters out, giving 3 days notice of an assessment visit. Support could be stopped immediately if no one is available for assessment. Advisers can ask support agencies or landlords to be informed of visits. Written notice of 14 to 28 days to be given, with reasons for decision, if NASS believe support should not be continued. Rights of appeal to the Asylum Support Adjudicator (ASA) against any decision to refuse support can still be exercised. NASS trying to sort out problems with documents needed to prove people have the right to work.
| 24 May 04 | NASS revises Asylum Support Appeals bulletin No: 23. Community Care Magazine reports that more than 150 people have been refused support. Article does not give any reference to the Section 55 Limbuela judgement of 21 May 2004 or the Indefinite Leave to Remain (ILR) amnesty. Article seems to be based on 17 May 2004 Hansard report, in which Des Browne confirmed that people could continue to be supported if failing to do so contravened their convention (human-rights) or Community Treaty rights. Rights that NASS never properly addressed in its original blanket-policy attempt to cancel everyones accommodation and welfare benefit support on 1 May 2004.
| 21 May 04 No: 4 | Full-text of ground-breaking Section 55 Limbuela judgement available for download in html, pdf, text and word versions. Which offers the most definitive guidance on how rules should be applied to core aspects of the NASS and Local Authority asylum support EU accession cases.
| 21 May 04 No: 3 | Citizens' Advice calls for in-human law to be scrapped. After court judge said it was "abhorrent, illogical and expense" for the Home Office to "wait-and-see" how a persons situation could become on the verge of "inhuman and degrading treatment" by denial of the right to work, housing and welfare-benefits to survive. The Home Office was therefore found to be in breach of Article 3 of the European Convention on Human Rights
| 21 May 04 No: 2 | Shelter is a basic human right, says Court of Appeal as Charity Shelter today heralds the Court of Appeal ruling saying that ‘shelter of some form from the elements at night’ is a ‘basic amenity’ as Blunkett loses 3 Section 55 asylum support appeals at the Court of Appeal. Shelter requests urgent help to find case studies, as court case has potentially huge implications for "single homelessness and the statutory housing rights of people from abroad" Court states case-by-case ECHR Article 3 'inhuman and degrading treatment' appeals should not be dealt with through the courts. The Home Office may now need to carry out a root-and-branch review of its asylum-support policies and procedures, especially getting rid of rules that deny people from the right for NASS to review any decision by them to refuse support. Further media reports.
| 21 May 04 No: 1 | Housing Today magazine report that EU accession families and single people are saved from eviction after the "Home Office abandoned its hardline policy"
| 18 May 04 | Gloucestershire Action for Refugees and Asylum Seekers (Garas) help families and single people overcome shock and despair at having services cut. Refugee Childrens' Consortium discuss bungled attempt at evicting familes, causing chaos, confusion and litigation.
| 15 May 04 | One page summary of situation, to date.
| 14 May 04 | Climate of fear, The Home Office have given in...The Treasury Solicitor sends letter to Pierce Glynn Solicitors, which confirms High Court challenge adjourned for 5 to 6 weeks: Dated 14th May 2004. Letter from Director of NASS to Chief Executives about continuing and terminating support: Dated 14th May 2004. Solicitors letter and all others can be downloaded from this website. London Asylum Seekers Consortium (LASC) to hold meeting on EU accession and Indefinite Leave to Remain (ILR) amnesty. Interesting! media report about non-loss of accommodation...and mis-understandings about fundamental human rights. Funding problems for local authorities. Solicitor expresses note of thanks.
| 11 May 04 | Leaflets updated for asylum seekers and their advisers. NASS note: Home Office retained ID not required to register as a worker. NASS letter to Chief Executives about Indefinite Leave to Remain amnesty. More case law added.
| 10 May 04 | Indefinite Leave to Remain (ILR) amnesty: Letter from David Blunkett to Citizen's Advice, confirms those being considered will have housing and support continued until a decision is made. How to apply
| 7 May 04 | Home Office perform an 11th-hour U-turn. Period of grace for asylum seekers to find "work". Councils offered say in judicial review on asylum seekers for new EU states. London Asylum Seekers Consortium (LASC) to hold urgent meeting on EU accession and 1998 Human Rights Act, LASC training notes available
| 5 May 04 | NASS: "Urgent review launched" Threatened with eviction? Telephone NASS on 020 8633 0341 - Leave for Judicial Review against the DWP refused. Urgent Request: Please email evidence of difficulties people have getting into work. High Court case notes on breaches of human rights and being unreasonable, case to be heard next week for two days, after the Limbuela Section 55 judgement has been issued.
| 4 May 04 - No: 3 | Leave for Judicial Review granted, to challenge "unlawful and discriminatory" policies. Not reasonable to cut off housing and support. Court not pleased to be used to sort out mess, causing waste of public money. Three months requested to sort things out, Challenges to benefits regulations. Are other regulations discriminatory? Questions about... remain. Further media reports
| 4 May 04 - No: 2 | Battle Won, as "The Way it has been done is arguably unfair" Justice Collins. Roma families trapped
| 4 May 04 - No:1 | Des Browne states "no evictions", NASS emergency number given out on BBC Radio 4, NASS says people can stay in their accommodation, Kafka insults: At start of a Bank Holiday told to look for work or get out, No papers to work, Told to work from Saturday, Worker regulations published Friday, Delays with leave to remain 'Amnesty', Asylum Support court cases this week, Advisers struggling sorting lives out, Test cases on welfare benefits, Website Poster created, Further media reports
| 1 May 04 | Red Cross providing tents, Accession Worker Registration and Habitual Residence Test regulations published, Race backlash fear, Roma and powerful exclusionary forces, Further media reports
| 30 April 04 - No: 2 | Model letters to Social Services requesting help, Shelter provide emergency service and send letter to Chief Executives, Local authorities stop evictions and apply pressure on Home Office, Medical Foundation for the Care of Victims of Torture offers help, David Blunkett letter to Chair of Local Government Association, What to do flow chart, Refugee Council Press Releases, Des Browne confirms NASS to review cases, Further media reports
| 30 April 04 - No: 1 | Bank Holiday contacts: NASS issues emergency paper and telephone numbers, Child Poverty Action Group (CPAG) looking for welfare benefit test cases, Details of three successful Asylum Support Adjudicator appeals, 'Council believes it has found a way of continuing to support', Councils in last-ditch bid to save asylum families. Further media reports
| 29 April 04 | Reprieve - NASS and local authorities will hold off on evicting asylum seekers and will provide them with emergency support
| 28 April 04 | '. . .crisis looms as families cut adrift, Catastrophe will strike - people are devastated and frightened
| 27 April - 04 | Specimen grounds for Judicial Review and a bundle of new documents added to support High Court and Asylum Support Adjudicator (ASA) appeals and representations. Further media reports
| 26 April 04 | NASS to review cases, Out of time Asylum Support (ASA) appeals allowed, Local authority agrees to carry out assessments, Wanted: Counsel willing to represent pro bono at ASA and Solicitors to take on cases, Refugee Council Briefing, Roma community groups desperate for help
| 25 April 04 | Website launched
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Resources
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Ground-breaking Section 55 case: The Secretary of State for the Home Department - and - (1) Wayoka Limbuela (2) Binyam Tefera Tesema (3) Yusif Adam Case No: C/2004/0383, 2/2004/0384 & C/2004/0277 - 21 May 2004

  • Documents: e.g. Court Judgements: Associated case law, letters to and from Government departments, Local Authorities, NASS, Treasury Solicitor and Shelter. Asylum Support Adjudications and notes, Specimen grounds for seeking Judicial review, Accession worker and habitual residence test regulations. Briefings from Barristers, ICAR and the Refugee Council.
  • Leaflets: For asylum seekers and their advisers (constantly updated)
  • Links: To websites relating to information posted on this site
  • National Insurance Number (NINO): Inland Revenue and social security information
  • Online benefit information: Printable claim forms, leaflets and web-sites
  • What to do? - Flow chart for those receiving asylum support and/or accommodation from NASS or social services [Word] [Online]
  • Working in the UK: Registration forms and guides
Documents

| Help with PDF files | Asylum Support Adjudicator decisions and case notes
  • Case notes on two Asylum Support Adjudications: 'accession national couple with children': Dated 29th April 2004 [word] and child case: Dated 29th April 2004 [word]
  • Further note of decision on child case 29 April 2004 ASA/04/04/7885
    "The adjudicator in fact has rejected the argument advanced that paragraph 2(1)(b) of Schedule 3 prevents withdrawal of support from a child.     However, the adjudicator accepted that the denial of support to the child may breach Article 8 ECHR, even if the child could be taken into care: see para 20. She remitted the appeal to NASS" [word]
  • Asylum Support Adjudication: ASA/04/04/7885 - Dated: 30th April 2004 [word]
    "I am not satisfied that the Secretary of State has conducted a balancing exercise pursuant to the requirements of Article 8. In the meantime, whilst that consideration is being conducted and with particular reference to the letter dated 29 April 2004 from Freda Challoner, Director of NASS, I expect the appellant's support to be reinstated in full
  • Asylum Support Adjudication: ASA/04/04/7803 [pdf]
    "The only circumstances in which support may continue to be provided, in these circumstances, is if there is a breach of a persons rights under the ECHR under paragraph 3 of Schedule 3 of the Act. (Nationality, Immigration and Asylum Act 2002) I note what the appellant has said in her grounds of appeal. In these circumstances, I remit this case back to the Secretary of State for further consideration in relation to these matters"
  • Case note on Asylum Support Adjudication: 'a couple from Lithuania with a 3½ year old child, dependant' Dated 29th April 2004 [word]

Briefings on EU accession and asylum

  • EU expansion 1 May 2004 - Briefing note for ILPA and HIG [word]
  • ICAR's signpost to EU accession and asylum [pdf]
  • Refugee Council briefing: Asylum seekers and the new EU accession countries: April 2004 [pdf]
  • Refugee Council briefing: One-off Government asylum case-clearing exercise for asylum-seeking families: Feb 2004 [pdf]

Court Judgements: Associated case law

  • Al-Ameri (FC) (Respondent) v Royal Borough of Kensington and Chelsea (Appellants) - Osmani (FC) (Respondent) v London Borough of Harrow (Appellants) (Conjoined Appeals) HL 5 February 2004 - 33 pages - [pdf]
    Case note: This House of Lords judgement confirms the right to seek accommodation assistance from any housing authority, once asylum seekers have been given leave to stay and subsequently lose their no choice dispersal accommodation provision and affirms their right to seek accommodation assistance from any housing authority they so choose thereafter.
  • M v The London Borough of Islington - Neutral Citation No: [2004] EWCA Civ 235 - Case No: C2/2003/1850 [word]
    "Islington had the power under the Regulations, which in this case it should exercise, to accommodate Mrs M and the child until the outcome of Mrs M's immigration proceedings was known" - "However, it is right to add that in exercising those powers Islington will have to be aware of their Convention obligations. That, in real terms, may leave them little choice but to offer accommodation"
  • Newham Borough Council Ex Parte Ojuri (No5), R v. [1998] EWHC Admin 880 (11th September, 1998) [online]
    Case note: This High Court judgement concerns     the need to act reasonably when ending provision of temporary accommodation.

High Court witness statement from the Roma Support Group

  • Roma Support Group: High Court witness statement - "I wish to describe the effect of the recent policy introduced by the Home Office, which will affect our client group from 30th April 2004" Dated: 26th April 2004 [word]

Judicial Review: Specimen grounds

  • Specimen of grounds for seeking Judicial Review [word]

Leaflets for asylum seekers from Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, the Slovak Republic, Slovenia, Malta or Cyprus

  • Asylum Support crisis response website: For asylum seekers from Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, the Slovak Republic, Slovenia, Malta or Cyprus (continuously updated) [online] [word]
  • Asylum Support crisis response website: Advisers leaflet (continuously updated) [online] [word]
  • Refugee Council: Are you a national of the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, the Slovak Republic, Slovenia, Malta or Cyprus, and seeking asylum in the UK? [pdf]

Legislation and regulations

  • Accession (Immigration and Worker Registration) Regulations 2004 [online]
    Home Office: Workers registration scheme: Key Messages - EU Free movement Rights [word]
  • The Immigration (European Economic Area) and Accession (Amendment) Regulations 2004 [online]
  • Social Security (Habitual Residence) Amendment Regulations 2004 [online]
  • The Allocation of Housing and Homelessness (Amendment) (England) Regulations 2004 [word]

Letters: In chronological (date) order

From and to David Blunkett, Local authorities, Ministers, NASS et al

Model letters to social services requesting emergency acommodation and support, from Housing and Immigration Group and Shelter

  • Treasury Solicitor letter about: Responding to Pierce Glynn Solicitors letter of 13 May 04 - Dated 14 May 2004
    "We confirm that those who have indicated their wish for support to continue by their representations to NASS either in writing or on the telephone will be eligible for an assessment."     [word]
  • NASS letter to Chief Executives about: Continuing and terminating support to EU accession nationals - Dated 14th May 2004 "I confirm we are willing to continue interim support beyond the 14 day point" [online] [word]
  • Pierce Glynn Solicitors letter to treasury solicitor about: Adjourning High Court case - Dated 13 May 2004
    "We write in response to your proposal made by telephone this morning that these proceedings should be adjourned for 4-6 weeks to allow the Secretary of State to carry out assessments of A8 asylum-seekers supported by NASS" [word]
  • NASS letter to Chief Executives about: Indefinite Leave to Remain amnesty asylum seekers from the ten new E.U. member countries: Dated 7 may 2004 "I write to update you on the position regarding asylum seekers from the ten countries who joined the European Union [EU] this month, and who may be eligible to be granted Indefinite Leave To Remain under the current concession. The ILR Project is continuing beyond 30th April, The families will continue to be considered for ILR, The families can continue to be supported until a decision [under the ILR Project] is made" [word]
  • NASS letter to private accommodation providers and Chief Executives Public Sector NASS Accommodation Providers: Dated 29th April 2004 "The purpose of this letter is to invoke Clause 23.5 of your contracts and to direct you not to seek to recover possession of any premises that may be occupied by EU nationals until so directed to do by NASS (the Directorate)" [word]
  • NASS letter to Chief executives: (NASS and local authorities will hold off on evicting asylum seekers and will provide them with emergency support ) Dated 29th April 2004 [word]
  • David Blunkett letter to Councillor Sir Jeremy Beecham, Chairman, Local Government Association: Dated 28th April 2004 [word]
  • Shelter letters: Asylum seekers/EU accession
    • Chief executive letter: Withdrawal of asylum support for accession state nationals [word] [online]
    • Royal Courts of Justice: Mr. Justice Collins [word] [online]
    • Fax cover sheet: To The Chief Executive [word] [online]
  • LGA: Letter to David Blunkett - Impact of the EU Accession Countries on Local Authorities: Dated April 16th [word]
  • ODPM: EU accession - Letter to Chief Executives of all housing authorities in England: Dated 14th April 2004 [word]
    • Overview of changes [word]
  • NASS letter advising local authorities on EU accession: Dated April 1st 2004 [word] [online]
    • NASS notification letter of withdrawal of asylum support [word]
Model letters to social services for emergency acommodation and support, from Housing and Immigration Group and Shelter
  • Housing and Immigration Group: Model letter to Social Service departments requesting help [word] Shelter's model letter
  • Shelter pro forma letter: For local authorities to re-assess and review cases [word] [online]

London Asylum Seekers Consortium (7 May 2004) Notes of 9am to 12.30pm training session on EU Accession, Asylum Seekers & the Human Rights Act

ODPM: Guidance to local authority housing departments

  • ODPM: Guidance for local housing authorities on use of the system for monitoring housing applicants who are nationals of the 8 eastern European EU Accession States [word]
    • Monitoring forms [excel]
Press releases
  • Refugee Council:
    • Refugee Council calls for urgent rethink as thousands of families face homelessness: 29th April 2004 [online]
    • Government stops evictions over bank holiday weekend : 30th April 2004 [online]
    • .

Leaflets: For asylum seekers and their advisers (constantly updated)

  • asylumsupport.org.uk: Asylum seekers leaflet (constantly updated) [online] [word]
  • asylumsupport.org.uk: Advisers leaflet (constantly updated) [online] [word]
  • Refugee Council: Are you a national of the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, the Slovak Republic, Slovenia, Malta or Cyprus, and seeking asylum in the UK? April [pdf]

Links: To websites relating to information posted on this site

National Insurance Number (NINO): Inland Revenue and social security information

  • Inland revenue: 'Your National Insurance Number' [Online]
  • Department of Work and Pension (DWP): 'Applying for a National Insurance number ' [Online]

Online benefit information: Printable claim forms, leaflets, web-sites

  • DWP: Printable claim forms [Online]
  • DWP: Leaflets and guides to benefits and services [Online]
  • DWP: How to prove your identity for social security [PDF] - Help with PDF files
  • DWP: Information for professionals and advisers [Online]
  • Rightsnet — an expert resource for advisers [Online]
  • Rightsnet swopswop - A library of leaflets, publicity materials, take up campaign literature and more - produced by advice organisations throughout the UK [Online]

Working in the UK: Registration forms and guides

  • Forms and Guidance [Online]
  • The Worker Registration Scheme [Online]