Find out more about our work for women in the asylum support system by reading our new report:June, 2015
Find out more about our work for women in the asylum support system by reading our new report:
Read our newsletter for the latest ASAP news:
What is the walk?
Is a lovely jaunt round London with 8000 other walkers to raise funds, see last years map and more information below for walkers:
When is the walk?
Monday May 18th registration happens between 5 – 6pm.
Why do the walk for team ASAP?
Apart from getting to wear a really fetching green ASAP t-shirt and walk with lots of lovely people supporting ASAP. You will raise much needed funds which help destitute asylum seekers access their legal rights to food and shelter.
Sounds great what should I do now?
Email Hazel@asaproject.org.uk if you want to join our team and we will add you to our page www.virginmoneygiving.com/team/ASAP2015 then please send this link round to friends, family, colleagues asking them to sponsor you, please also make sure the London Legal Walk 2015- Gift Aid Form form is filled in.
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.
Deborah Gellner 6th February 2015
Read our newsletter for the latest ASAP news:June, 2015