The applicant asylum seeker had had her application refused, and was awaiting a removal order. She had a child and asked the authority to house her pending her removal.
Held: Provided she was not in breach of the removal order, the council had power to provide her with assistance. Though the authority had no duty to the parent whilst here unlawfully, that said nothing about the duty to the child. The statutory Guidance permits the provision of accommodation for a period until travel arrangements are made by the Home Office. Thart assistance need not be limited to ten days.
Judges:
Lord Justice Waller, Lord Justice Buxton, And Lord Justice Maurice Kay
Citations:
[2004] EWCA Civ 235, Times 22-Apr-2004
Links:
Statutes:
Witholding and Withdrawal of Support (travel Assistance and Temporary Accomodation) regulations 2002 (2002 No 3078) 3(3), Nationality, Immigration and Asylum Act 2002, Children Act 1989 17
Jurisdiction:
England and Wales
Citing:
Appeal from – Regina (M) v Islington London Borough Council and Another QBD 5-Jun-2003
The applicant had come to England from Guyana. She married here and had a child, but after her divorce, she was to be removed back to her home country. She applied for emergency housing, but was offered only short term housing and the cost of a . .
Cited – Regina v Hammersmith and Fulham LBC ex part D 1999
It was not outside a local authority’s powers to supply an air ticket to assist a failed asylum seeker to return home with her children. . .
Cited – Regina v Wandsworth London Borough Council, Ex Parte O; Leicester City Council, Ex Parte Bhikha CA 7-Sep-2000
The applicants were immigrants awaiting determination of their applications for exceptional leave to remain, and who came to suffer from serious illness. Each applied for and was refused assistance from their local authority.
Held: The . .
Cited – Poku v United Kingdom ECHR 1996
. .
Cited – Poku v United Kingdom ECHR 1996
. .
Cited – Regina v Secretary of State for Home Department ex parte Mahmood CA 8-Dec-2000
A Pakistani citizen entered the UK illegally and claimed asylum. A week before his claim was refused and he was served with removal directions, he married a British citizen of Pakistani origin. Two children were later born.
Held: Only . .
Cited – Laker Airways v Department of Trade CA 15-Dec-1976
Policy guidance issued by the respondent was unlawful because it was contrary to the statutory objectives laid down for the Civil Aviation Authority by section 3 of the 1971 Act. The court discussed the status of guidance issued by the respondent: . .
Cited – Samaroo and Sezek v Secretary of State for the Home Department CA 17-Jul-2001
Two foreign nationals with leave to remain in this country committed serious crimes. The Secretary of State ordered their deportation.
Held: Where the deportation of a foreigner following a conviction here, would conflict with his human . .
Cited – De Falco v Crawley Borough Council CA 1980
The court discussed the effect of statutory guidance in the form of a code: ‘the council of course had to have regard to the code: see section 12 of the statute; but, having done so, they could depart from it if they thought fit’. . .
Cited – M v London Borough of Islington and Another CA 2-Apr-2004
The applicant asylum seeker had had her application refused, and was awaiting a removal order. She had a child and asked the authority to house her pending her removal.
Held: Provided she was not in breach of the removal order, the council had . .
Cited – Marckx v Belgium ECHR 13-Jun-1979
Recognition of illegitimate children
The complaint related to the manner in which parents were required to adopt their own illegitimate child in order to increase his rights. Under Belgian law, no legal bond between an unmarried mother and her child results from the mere fact of birth. . .
Cited by:
Appealed to – Regina (M) v Islington London Borough Council and Another QBD 5-Jun-2003
The applicant had come to England from Guyana. She married here and had a child, but after her divorce, she was to be removed back to her home country. She applied for emergency housing, but was offered only short term housing and the cost of a . .
Cited – M v London Borough of Islington and Another CA 2-Apr-2004
The applicant asylum seeker had had her application refused, and was awaiting a removal order. She had a child and asked the authority to house her pending her removal.
Held: Provided she was not in breach of the removal order, the council had . .
Lists of cited by and citing cases may be incomplete.
Housing, Immigration
Updated: 10 June 2022; Ref: scu.195902