Article 8 applications and eligibility for section 4 support, Asylum Support Appeals Project, February 2015 An SLF grant was awarded to the Asylum Support Appeals Project for a six month project to intervene in a case of a destitute migrant with outstanding representations on family life grounds, who was refused Section 4 support from the Home Office. The intervention 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.
No Recourse to Public Funds: An Overview of Legal Challenges So Far, Southwark Law Centre, May 2014 SLF supported Southwark Law Centre on a six month project to undertake pre-litigation research to develop a challenge to the legality of the rules that impose a 'No Recourse to Public Funds' restriction on families granted limited leave to remain on Article 8 of the European Convention on Human Rights (the right to family and private life) grounds, which may result in them living in poverty and below benefit levels.
Social Services Support for Destitute Migrant Families: A guide to support under s 17 Children Act 1989, Public Law Project, 2013 SLF supported the Public Law Project on a six month project to gather evidence from across the country about local authority practice in supporting asylum seeking families that have no recourse to public funds and are not allowed to work and are destitute as a result. This guide focuses on the support that may be available under s17 of the Children Act 1989 (“CA 1989”) to families who are not entitled to mainstream welfare benefits or housing. This guide will primarily be relevant to those who are not lawfully resident in the UK (including those with outstanding immigration applications) which are not asylum claims and those lawfully in the UK but with a condition that they cannot claim welfare benefits or housing assistance.
Freedom of Information Requests
FOIs on support provided by local authorities to NRPF families, Public Law Project, 2013
SLF supported the Public Law Project on a six month project to gather evidence from across the country about local authority practice in supporting asylum seeking families that have no recourse to public funds and are not allowed to work and are destitute as a result. It sent Freedom of Information requests to local authorities requesting information on the support provided to these families and the existence of policies and guidance on NRPF families. Read the Freedom of Information requests and responses here.
R (Mulumba) v First-tier Tribunal (Asylum Support) and SSHD (Asylum Support Appeals Project intervener)(consent order here) On the 2/2/15, this case was settled. The Home Office conceded that the reference to ‘Convention rights’ in reg 3(2)(e) of the Immigration and Asylum (Provision of Accommodation to Failed Asylum Seekers) Regulations 2005 includes Article 8. Hitherto, in deciding section 4 applications, the Home Office has consistently taken the position that only those who make fresh claims on asylum or Article 3 grounds are eligible under reg 3(2)(e). 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. In weaker cases, it may make a quick decision on the article 8 application instead of granting support. Advisors will also need to continue to ensure that s4 applications are not made which could contradict information already submitted in the article 8 application. See above for Asylum Support Appeals Project's briefing note on this issue.