MK & AH v Secretary of State for the Home Department EWHC 1896 (Admin) This case concerning delays in determining applications for support by destitute asylum seekers, who have made fresh claims submissions, pursuant to Section 4 of the Immigration and Asylum Act 1999. It found that the failure of the Home Office to provide access to support for asylum seekers waiting for a decision on their further claim for asylum for a minimum of three weeks led to homelessness and destitution and was unlawful. SLF supported the Migrants' Law Project, working in partnership with Refugee Action, to intervene in this case.
R (Mulumba) v First-tier Tribunal (Asylum Support) and SSHD (Asylum Support Appeals Project intervener) (consent order here) - This case (which was settled) concerned a destitute migrant with outstanding representations on family life grounds, who was refused Section 4 support from the Home Office. Asylum Support Appeals Project, supported by SLF, intervened and sought to clarify whether destitute migrants, including former unaccompanied asylum seeking children and migrants with young children in the UK, are entitled to basic accommodation and subsistence (Section 4), if their application to remain in the UK on the basis of private and family life is still being considered. 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. For further background information on article 8 and s 4 support, please see ASAP’s Briefing Note, 'Article 8 application and eligibility for section 4 support'.