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Public-and-human-rights News

High Court hears 4-day judicial review challenge against alleged systemic delays in asylum support

20th July 2020

Today the High Court will start hearing a 4-day judicial review challenge against the Secretary of State for the Home Department over alleged systemic delays in the provision of adequate accommodation to destitute, refused asylum seekers.

Under section 4(2) of the Immigration and Asylum Act 1999, the Secretary of State for the Home Department has power to provide accommodation and subsistence support to eligible destitute refused asylum seekers.

The claimant ‘AA’ is a seriously disabled, destitute refused asylum seeker. His case concerns alleged delays of almost 9 months in the provision of suitable and accessible accommodation. His challenge alleges that the delays in his case are in fact widespread and disproportionately impact on seriously disabled persons. His grounds of challenge include breaches of the Defendant’s duty to make reasonable adjustments, discrimination because of ‘something arising’ from a disability and breaches of the public sector equality duty, in addition to systemic unlawful delays and human rights breaches. 

AA is represented by 36 Group’s Ben Amunwa, led by Zoe Leventhal of Matrix Chambers and instructed by Deighton Pierce Glynn.

AA’s claim will be heard together with similar claims by four other claimants, represented by Alex Goodman of Landmark Chambers, leading Katherine Barnes of 39 Essex and also instructed by Deighton Pierce Glynn. The Defendant is represented by Robin Tam QC who is leading Emily Wilsden, both of Temple Garden Chambers, and Shakil Najib of No5 Chambers.

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