Hetoja, Regina (on the Application Of) v Secretary of State for the Home Department: Admn 24 Oct 2002

The applicant was an asylum seeker reliant upon the respondent for housing, being otherwise destitute. She sought housing which would not split up her extended family. She claimed that the regulations excluded from the respondent’s decision making process an element, her right to respect for family life, which he was obliged under the Convention to have regard to.
Held: The regulations required the respondent not to take account of the applicant’s own personal preferences. This did not prevent him having proper regard for her circumstances, including the factors which she sought to have reflected, in his duty to provide adequate accommodation. The regulations did not conflict with her rights.

Judges:

Lightman J

Citations:

Times 11-Nov-2002, [2002] EWHC 2146 (Admin)

Links:

Bailii

Statutes:

National Assistance Act 1948 , Immigration and Asylum Act 1999 97(2), Asylum Support Regulations 2000 (2000 No 704) 13(2)(a), European Convention on Human Rights Art 8

Jurisdiction:

England and Wales

Immigration, Benefits, Human Rights, Housing

Updated: 08 July 2022; Ref: scu.178016