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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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| 4 May 2004 update No: 3 |

The court case today was for permission to pursue a judicial review of the decision to cut off support and housing on the grounds that it was unreasonable.

Permission was granted, which means that others in the same situation should get a reprieve until at least the case is heard. The case was brought on behalf of an asylum seeker who made it clear he wanted time to seek work, and was arguing for three months as a reasonable time to do that. The judge, who is the head of the administrative court, gave a fairly clear steer to the government that the case has a good chance of winning. He also made statements indicating that he was not best pleased to be asked to sort out this mess and regarded the fact that people had to use to courts to do it as a waste of public money.

Questions remain about other aspects of the withdrawal of support:

  • people who cannot work because of age,illness, caring responsibilities, but may have human rights grounds for arguing against the withdrawal of support?
  • the right of asylum seekers to safe haven while their claims are determined?
  • reasonable notice for anyone who is being deprived of their home?
  • possible rights to claim benefits and challenges to the use of the new "right to reside" definitions?
  • discrimination against certain Europeans inherent in the new regulations?

Practically speaking, all those threatened with the loss of their home and support should now be contacting NASS or their local authority to ask for support and accommodation to be extended until judgement is given on the case.

Those who want to work or go into self employment should seek assistance from NASS and the local authority with getting the necessary documentation to enable them to do so. Those who believe they are likely to fall within the amnesty should contact them to ask for it to be sorted out as soon as possible.

In all cases, the argument should be that anything else is unreasonable and a waste of public money.