A REFUGEE fleeing Islamic militants in Nigeria was left to sleep rough in Glasgow be-cause he had applied for asylum a day too late, in one of the first cases of the government's new immigration policy.
Emmanuel, a Christian clergyman from Kaduna, northern Nigeria, was told he would not receive assistance because he had contacted immigration authorities from within the country, instead of at the airport when he arrived.
Opposition politicians said the case highlighted a major flaw in the government's nationality, immigration, and asylum Act, which came into force on January 8. They said Emmanuel could be the first of hundreds of asylum seekers forced to live on the streets.
The clergyman spent his first night sleeping in Glasgow Central rail station after speaking to immigration officials in the city. Castlemilk Church has provided emergency funds to help him while the Scottish Refugee Council (SRC) tries to find more permanent support.
Full story:
http://www.theherald.co.uk/news/archive/17-1-19103-0-4-6.html
Related Links:
Refugee Council’s AGM hears evidence of Government action that has left victims of torture sleeping rough on the streets:
http://www.asylumsupport.info/victimsoftorture.htm
Nationality, Immigration and Asylum Act (2002), Full text of the Act:
http://www.asylumsupport.info/law/act.pdf
Human Rights report on the Nationality, Asylum and Immigration Bill - October 2002: http://www.asylumsupport.info/humanrightscommittee/twentythirdreport.htm
Extension of UK border controls:
http://www.asylumsupport.info/ukbordersextended.htm
Opposition politicians said the case highlighted a major flaw in the government's nationality, immigration, and asylum Act, which came into force on January 8. They said Emmanuel could be the first of hundreds of asylum seekers forced to live on the streets.
The clergyman spent his first night sleeping in Glasgow Central rail station after speaking to immigration officials in the city. Castlemilk Church has provided emergency funds to help him while the Scottish Refugee Council (SRC) tries to find more permanent support.
Full story:
http://www.theherald.co.uk/news/archive/17-1-19103-0-4-6.html Related Links:
Refugee Council’s AGM hears evidence of Government action that has left victims of torture sleeping rough on the streets:
http://www.asylumsupport.info/victimsoftorture.htm Nationality, Immigration and Asylum Act (2002), Full text of the Act:
http://www.asylumsupport.info/law/act.pdf Human Rights report on the Nationality, Asylum and Immigration Bill - October 2002:
http://www.asylumsupport.info/humanrightscommittee/twentythirdreport.htm Extension of UK border controls:
http://www.asylumsupport.info/ukbordersextended.htm
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Legal challenge on human rights grounds
17.01.2003 09:51
Justice Maurice Kay, today Thursday 16th January 2003, granted permission to claim judicial review to two asylum-seekers who have been refused asylum support by NASS under the new rules. The cases of 'M' (CO/151/2003) (represented by Simon Cox of Doughty Street Chambers instructed by Ravi Low-Beer of the Refugee Legal Centre and) and 'J' (CO/150/2003) (represented by Simon Cox instructed by Colin Henderson of Ben Hoare Bell solicitors) were ordered to be heard on the first available date after 30 January 2002.
NASS did not attend the hearing and were not represented.
'M' passed through an airport at night accompanied by her agent who had warned her not to claim. The Home Office decided that she should have claimed at port. 'J' entered hidden in a lorry and on the next day saw a solicitor who sent him straight to the immigration officer. The Home Office did not believe his story. The judge ordered that both claimants be referred to only by their initials and that NASS must continue to accommodate them pending judgment.
The issues raised on the claims are:
a) does NASS have power to support asylum-seekers pending a decision on whether section 55 prohibits support? (NASS says not)
b) what does 'as soon as reasonably practicable mean'?
c) is it a breach of Article 3 (and or 8) ECHR to deny support to an asylum-seeker who has no other means of support?
d) is there a duty on NASS to provide written decisions under section 55?
e) is there a duty on NASS to provide written reasons for decisions under section 55?
f) is it a breach of Article 6 to deny (as the Act does) a right of appeal on the facts from a refusal of support under section 55?
In another case 'S' (CO/152/2003) the judge stayed the permission application but ordered NASS to continue to provide support pending judgment in M.
Each of the applicants had been given accommodation under urgent interim injunctions granted ex parte on the papers or on the telephone. The court ordered NASS 'by its agent' (a named accommodation provider, eg Migrant Helpline) to accommodate the claimant.
Advisers with clients denied accommodation may wish to make similar applications seeking interim relief pending judgment in M and J.
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