Home Office defiant on asylum benefits
The Home Office is refusing to back down on its controversial asylum benefits policy despite today’s ruling by the Court of Appeal.
In a test case the court ruled that the Home Office had acted unlawfully when it denied benefits to three asylum seekers.
By refusing support them the Government was ruled to have contravened article three of the European Convention on Human Rights and subjected the asylum seekers to “inhuman or degrading treatment”.
The Home Office said the basic thrust of the policy had been vindicated in the courts and has sought leave to appeal the case to the House of Lords.
The appeal concerns section 55 of the Asylum and Immigration Act which requires asylum seekers to apply for asylum “as soon as reasonably practical” in order to qualify for benefit support.
Guidance issued by the Home Secretary in 2003 set the Government’s line that all claims should be lodged within three days of arrival in the UK.
Responding to the decision the Home Office said: “The essential point of section 55 is that we are not prepared to use taxpayers’ money on supporting people who make speculative asylum claims or who have some alternative source of support.
“Section 55 is working in tackling this kind of abuse and sends a clear message to those who are simply economic migrants that they will not be supported at public expense.
“It is a tough measure, but there are safeguards to protect the vulnerable.”
Liberal Democrat Home Affair’s spokesman Mark Oaten welcomed the decision, saying: “The courts have struck down an inhumane and ill-considered measure.”
Homeless charity Shelter, who sponsored the case called on the Home Office to undertake a thorough review of Section 55.
Shelter’s director Adam Sampson said: “This judgment is a victory for very vulnerable people who are in desperate need with nowhere to turn.”
“Section 55 is threatening to greatly increase the number of homeless people on the streets – undermining the Government’s own successes in tackling rough sleeping.”
