R(Ncube) v Brighton: “Everyone In” does exactly what it says on the tin – Nearly Legal

Posted March 17th, 2021 in asylum, benefits, homelessness, housing, local government, news by sally

‘The much-anticipated decision in R(Ncube) v Brighton and Hove City Council (2021) EWHC 578 (Admin) has arrived, confirming that in an emergency, “Everyone In” really does mean everyone. Mr Ncube was a rough sleeper and refused asylum seeker from Zimbabwe who sought accommodation from Brighton. The council found Mr Ncube ineligible for assistance because of his NRPF status, applying s.185 of the 1996 Act and the relevant secondary legislation. “NRPF” meaning someone with “no recourse to public funds” including the provision of temporary accommodation under Part VII of the Housing Act 1996 (the 1996 Act). From 30th November 2020 Mr Ncube was accommodated by the Home Office under s.4 of the Immigration and Asylum Act 1999 (the 1999 Act). Those powers state that the Secretary of State may provide accommodation where an asylum application has been refused, but there is an obstacle to the applicant returning to their country of origin.’

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Nearly Legal, 15th March 2021

Source: nearlylegal.co.uk

Watchdogs to inspect controversial barracks housing asylum seekers after health fears – The Independent

‘The UK’s prison and immigration watchdogs are to carry out an investigation of two controversial military barracks that are housing asylum seekers, amid mounting concern about conditions on the sites.’

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The Independent, 11th February 2021

Source: www.independent.co.uk

High Court finds ‘huge delay’ in the Home Office provision of asylum support accommodation – EIN Blog

‘The High Court judgment in R (DMA & Ors) v The Secretary of State for the Home Department [2020] EWHC 3416 (Admin) upheld a significant judicial review challenge against the Secretary of State over systemic delays in the provision of adequate accommodation to destitute, refused asylum seekers.’

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EIN Blog, 1st February 2021

Source: www.ein.org.uk

Home Office put refugees in barracks after fears better housing would ‘undermine confidence’ in system – The Independent

‘The Home Office placed hundreds of asylum seekers in controversial military barracks following fears that better accommodation would “undermine confidence” in the system, internal documents reveal.’

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The Independent, 31st January 2021

Source: www.independent.co.uk

Slavery survivors moved ‘without notice, without reason’ in London lockdown – The Guardian

‘Modern slavery survivors with young children were among refugees allegedly forced to move accommodation in London with as little as one day’s notice during coronavirus lockdowns this winter.’

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The Guardian, 29th January 2021

Source: www.theguardian.com

Upper Tribunal allows appeal over age assessment that failed to meet procedural safeguards – Local Government Lawyer

Posted January 28th, 2021 in appeals, asylum, children, immigration, local government, news by sally

‘An Upper Tribunal judge has granted an asylum seeker a declaration that he was 15 at the age he entered into the country and when he was assessed by Wirral Metropolitan Borough Council, rather than over 18 and more likely 20 as the local authority concluded.’

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Local Government Lawyer, 28th January 2021

Source: www.localgovernmentlawyer.co.uk

Age assessments 2020: a year in review – Doughty Street

Posted January 8th, 2021 in asylum, chambers articles, children, immigration, local government, news by sally

‘This article will provide an overview of some of the key legal cases concerning age assessments and support for those whose age is disputed.’

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Doughty Street, 7th January 2021

Source: insights.doughtystreet.co.uk

Home Office leaving stateless people facing detention and destitution, warns UN – The Independent

‘The Home Office is leaving stateless people in the UK at risk of homelessness, destitution and prolonged detention, the UN’s refugee agency has warned. A procedure designed to help regularise the status of stateless individuals in Britain is not functioning as well as it should due to procedural weaknesses and the approach to decision-making, the UNHCR said.’

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The Independent, 16th December 2020

Source: www.independent.co.uk

Home Office unlawfully leaving destitute and disabled asylum-seekers homeless, High Court rules – The Independent

Posted December 15th, 2020 in asylum, disabled persons, government departments, homelessness, housing, news by sally

‘The Home Office is leaving destitute asylum-seekers homeless in breach of the law due to its failure to monitor the operations of private firms contracted to manage asylum accommodation, the High Court has ruled. In a ruling handed down on Monday morning, Justice Robin Knowles found that the five claimants in the case – all asylum-seekers considered by the Home Office itself to be “highly vulnerable” and eligible for housing support – had been left homeless for prolonged periods.’

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The Independent, 15th December 2020

Source: www.independent.co.uk

UK ‘reneges on vow to reunite child refugees with families’ – The Guardian

Posted December 14th, 2020 in asylum, charities, children, families, government departments, immigration, news, refugees by sally

‘Unaccompanied children in France are being told by the French authorities that they should give up hope of being reunited with family in the UK after the Home Office failed to offer the help it had promised. With the deadline to enter the UK legally and safely under the EU’s family reunification rules due to expire at the end of the year, the Home Office is accused of reneging on its vow to help unaccompanied children reunite with family in the UK.’

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The Guardian, 13th December 2020

Source: www.theguardian.com

UK to deny asylum to refugees passing through ‘safe’ third country – The Guardian

Posted December 11th, 2020 in asylum, brexit, government departments, immigration, international law, news, refugees by sally

‘Ministers have quietly changed immigration rules to prevent people fleeing war or persecution from claiming asylum in the UK if they have passed through a “safe” third country, prompting accusations of a breach of international law. From 1 January, claims of asylum from a person who has travelled through or has a connection to a safe third country, including people coming from EU member states, will be treated as inadmissible.’

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The Guardian, 10th December 2020

Source: www.theguardian.com

Home Office faces legal challenge over asylum seeker payments during Covid – The Guardian

Posted December 2nd, 2020 in asylum, benefits, government departments, immigration, news by sally

‘The Home Office is still failing to provide thousands of asylum seekers in emergency hotel accommodation with basic cash support and essentials more than a month after being instructed by the high court to fulfil their legal requirements to do so.’

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The Guardian, 1st December 2020

Source: www.theguardian.com

Home Office ‘failed to discuss restart of asylum evictions with local authorities’ – The Guardian

‘The Home Office did not discuss the decision to restart asylum evictions with local authorities, it has been revealed, despite concerns about the immediate impact on homelessness and heightened risks of coronavirus transmission.’

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The Guardian, 14th November 2020

Source: www.theguardian.com

Asylum seekers crossing Channel face ‘inhumane treatment’, observers say – The Guardian

Posted November 13th, 2020 in asylum, detention, government departments, health, immigration, news, standards by sally

‘Independent monitors say migrants arriving at Dover are moved with untreated injuries amid serious documentation errors.’

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The Guardian, 13th November 2020

Source: www.theguardian.com

Home Office ‘missed chance to stop rise in migrant boats’ – BBC News

‘The Home Office failed to stop a rise in migrant boats crossing the English Channel before it was too late, an independent inspector has said.’

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BBC News, 11th November 2020

Source: www.bbc.co.uk

Lone child migrants cannot be put in adult hotels, high court rules – The Guardian

Posted November 3rd, 2020 in asylum, children, housing, judicial review, local government, news, statutory duty by sally

‘The high court has ruled that unaccompanied child migrants cannot be placed in adult hotel accommodation after three young asylum seekers won the right to be placed in the care of social services in the first case of its kind.’

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The Guardian, 2nd November 2020

Source: www.theguardian.com

Children: Public Law Update (October) – Family Law Week

“John Tughan QC of 4PB considers the latest judgments that Public law child lawyers need to know about.”

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Family Law Week, 28th October 2020

Source: www.familylawweek.co.uk

When it attacks ‘lefty lawyers’, this government takes aim at the rule of law – The Guardian

‘The scorn shown by Boris Johnson and Priti Patel marks a departure from centuries of Conservative tradition.’

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The Guardian, 20th October 2020

Source: www.theguardian.com

Watchdog warns Home Office must use ‘neutral language’ after outrage over ‘activist lawyers’ tweet – The Independent

‘A Home Office watchdog has said the department must use “neutral language” after its repeated use of the term “activist lawyer” prompted outrage.’

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The Independent, 15th October 2020

Source: www.independent.co.uk

Lawyers claim knife attack at law firm was inspired by Priti Patel’s rhetoric – The Guardian

‘Britain’s top lawyers have written to Priti Patel to express their concern after a knifeman threatened to kill an immigration solicitor last month in an attack colleagues say was directly motivated by comments made by the home secretary.’

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The Guardian, 10th October 2020

Source: www.theguardian.com