An application for judicial review was lodged at the Administrative Court in London on Friday, 3 May 2006, to question the lawfulness of the National Asylum Support Service's practice of evicting asylum seekers and stopping their benefits, once their application for asylum has been refused.

The application, which is being brought on behalf of a 26 year old Sudanese man by Nottingham-based solicitors, Cassin Monnet Schuman, argues that the conduct of NASS, which is an agency of the Immigration and Nationality Directorate of the Home Office, amounts to inhuman and degrading treatment and a violation of Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

On Thursday evening, Mr. Justice Langstaff granted an interim injunction against the Home Secretary preventing NASS from evicting the claimant and from stopping his benefits.