The grant of temporary admission to the UK pending an decision on his asylum status, did not create a full ‘lawful presence’ in the UK. A person seeking to qualify for housing assistance had to be lawfully present within the UK, and temporary admission did not create a sufficient status by virtue of section 11.
Citations:
Times 14-Jun-2001, Gazette 21-Jun-2001, [2002] 34 HLR 1, [2001] EWCA Civ 677, [2001] EWCA Civ 677
Links:
Statutes:
Housing Act 1996 185(2), Homelessness (England) Regulations 2000 (2000 No 701) 3(1)(e)(1), Immigration Act 1971 11(1)
Jurisdiction:
England and Wales
Citing:
Applied – Regina v Secretary of State for the Home Department ex parte Bugdaycay HL 19-Feb-1986
Three applicants had lied on entry to secure admission, stayed for a considerable time, and had been treated as illegal immigrants under section 33(1). The fourth’s claim that upon being returned he would been killed, had been rejected without . .
Cited by:
Cited – Ghaidan v Godin-Mendoza CA 5-Nov-2002
The applicant sought to succeed to the tenancy of his deceased homosexual partner as his partner rather than as a member of his family.
Held: A court is bound by any decision within the normal hierachy of domestic authority as to the meaning . .
Confirmed – Szoma v Secretary of State for Work and Pensions CA 30-Jul-2003
The applicant, a foreign national had been given temporary admission to the UK. He received income support. But this ceased after his asylum application was rejected, and he remained resident.
Held: The legislation now made specific reference . .
Cited – Szoma v Secretary of State for the Department of Work and Pensions HL 28-Jul-2005
The applicant had claimed asylum on entry and was temporarily admitted. Though his claim for asylum was later refused, those admitted in this way were granted indefinite leave to remain. He had claimed and received benefits at first, but then these . .
Lists of cited by and citing cases may be incomplete.
Immigration, Housing, Benefits
Updated: 19 May 2022; Ref: scu.82689