The applicants sought to assert a local connection, having been housed in the respondent’s areas as destitute asylum seekers.
Held: The accomodation was not one of the applicant’s choice, and therefore could not be relied upon to establish a local connection under the Act. The respondent’s decision to refer the applicants back to authorities in which they had had such accomodation was flawed because of the absence of that connection. The provision of interim accomodation by a local authority, which could establish such a connection, was not on a par because of the absence of choice. (Buxton LJ dissenting)
Judges:
Lord Justice Buxton Lord Justice Simon Brown Lord Justice Carnwath
Citations:
[2003] EWCA Civ 235, Times 19-Mar-2003, [2003] 1 WLR 1289
Links:
Statutes:
Immigration and Asylum Act 1999 97(2)(a), Housing Act 1996
Jurisdiction:
England and Wales
Citing:
Cited – Ealing London Borough Council v Surdonja etc CA 21-Jan-2000
When a local authority came to make the decision about the extent of the local connection of the homelessness applicant with the area, the assessment was to be made as regards the situation at the date of that decision. Where there was a review, the . .
Cited by:
Appeal from – Al-Ameri v Royal Borough of Kensington and Chelsea; Osmani v London Borough of Harrow (Conjoined Appeals) HL 5-Feb-2004
The applicants had been asylum seekers, and obliged to live in Glasgow. Upon losing their asylum claim, but being given exceptional leave to remain, they sought to be rehoused by the appellants. The appellants had said that the applicants having . .
Lists of cited by and citing cases may be incomplete.
Housing, Immigration
Updated: 07 June 2022; Ref: scu.179557