Article 8 applicants are eligible for s4 support

On the 2/2/15, R (Mulumba) v First-tier Tribunal (Asylum Support) and SSHD (Asylum Support Appeals Project intervener) settled, and the consent order is attached. The Home Office conceded that the reference to ‘Convention rights’ in reg 3(2)(e) of the Immigration and Asylum (Provision of Accommodation to Failed Asylum Seekers) Regulations 2005 includes article 8.  Hitherto, in deciding s4 applications, the Home Office has consistently taken the position that only those who make fresh claims on asylum or Article 3 grounds are eligible under reg 3(2)(e).  On appeal to the Asylum Support Tribunal, ASAP has won some appeals on this issue, but guidance was clearly needed for the Tribunal judges and others on the lawfulness of the Home Office’s position.

The order states ‘provision of s4 support may in any particular case be necessary to avoid a breach of a person’s article 8 ECHR rights’.  Thus there is no automatic entitlement, and it remains to be seen how the Home Office will make s4 decisions.  In weaker cases, it may make a quick decision on the article 8 application instead of granting support. Advisors will also need to continue to ensure that s4 applications are not made which could contradict information already submitted in the article 8 application.

Anne McMurdie (Public Law Solicitors), Bryony Poynor and Martin Westgate QC acted for ASAP.

For further background information on article 8 and s 4 support, please see ASAP’s Briefing Note.

Feb 2015-Article 8 Mulumba consent order

Feb 2015 ASAP Briefing Note-Article 8 application and eligibility for section 4 support

Deborah Gellner           6^th February 2015

The Asylum Support Appeals Project warmly invites you to attend our annual Conference:

 

Action Against Asylum Homelessness

 

Tuesday 24 February 2015

Civic Hall – Banquet Hall

Calverley Street, Leeds LS1 1UR

The event aims to bring together organisations supporting asylum seekers and irregular migrants, enabling participants to share information, ideas and strategies for tackling asylum homelessness. Talks and workshops will cover practical, legal, political and policy aspects of this important area. Please see the updated agenda for descriptions of each workshop.

Please RSVP before 23 January.

 In collaboration with:    

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Free Reasonable Steps workshop

Based on the findings of our 2014 report “The next Reasonable Steps” ASAP is running a free workshop on Section 4 Reasonable Steps appeals.

The workshop will take place in London on Monday 19^th January 2015 between 1-4pm.

This event is aimed at advisers who have pre-existing knowledge of the Section 4 support criteria and who make applications for asylum support. One place will be given per organisation on a first come first served basis. ASAP has a limited budget to reimburse travel costs to small organisations outside London. The workshop is free however we ask for a refundable deposit of £20 to guarantee a place.

To book a place or for further information please email marie-anne@asaproject.org.uk

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ASAP has carried out extensive research on the quality of Home Office decision-making, in particular on the content and application of its policy for Section 4 support under the “all reasonable steps” criteria. The research found that more decisions than is usual were overturned by the asylum support Tribunal and revealed concerns with the way in which the Home Office handle these complex cases.

View the report, The Next Reasonable Steps, here.

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Close the Protection Gap

 No woman seeking asylum should have to tell her story:
• in front of her children
• to a male interviewer or interpreter if she is not comfortable with this
• to someone who doesn’t understand how trauma affects memory
• without being given counselling
• without information about her rights as a woman in the asylum system

You can make a real difference to women seeking asylum in the UK, simply by signing a postcard to your MP.

Go to: http://www.asylumaid.org.uk/protectiongap/

 When Malaika is raped by soldiers during the civil war in her country she is protected by William Hague’s and Angelina Jolie’s international promises. But if Malaika flees to the UK for safety she isn’t guaranteed that help. Help like having a female interviewer or interpreter. Help like childcare at her asylum interview. And psychological support and counselling if she needs it.

We believe that women seeking asylum should have the same rights as other women facing human rights abuses. We want the Home Secretary to take action and put these rights in place.

But we need your help…

 Please take just a couple of minutes of your time to select and sign one of our Postcards for Protection, and it will be printed and delivered to your local MP.

Go to: http://www.asylumaid.org.uk/protectiongap/

Every postcard sent will help towards making sure the voices of women seeking asylum are heard. So, thank you in advance for taking part.

This is a Women’s Asylum Charter campaign supported by over 350 organisations including us.

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