MYA v Secretary of State for the Home Department: AS/19/02/39259
Asylum Support Tribunal Decision of Judge Carter on 5 March 2019.
Section 95 support discontinued by the Home Office on the basis that the appellant was no longer destitute, having received a large sum of money by way of compensation for unlawful detention.
Insufficient evidence produced to support the appellant’s claim that the money had been spent. However, the appellant’s ability to obtain accommodation within the next 56 days was compromised by the “right to rent” provisions, exacerbated by the respondent’s failure to accurately record him as an asylum seeker (rather than a failed asylum seeker).
Consideration given to the findings set out in R (Joint Council for the Welfare of Immigrants) and Secretary of State (Home) and (1) Residential Landlords Association, (2) Equality and Human Rights Commission and (3) Liberty [2019] EWHC 452 (Admin) that Sections 20-37 of the Immigration Act 2014 Act are incompatible with Article 14 ECHR in conjunction with Article 8.
Appeal successful with regard to accommodation only.
Read the full decision in