Section 55 - 'Late' Asylum Claimants
- High Court Grants Permission and Orders Urgent Hearing
Justice
Maurice Kay, on Thursday 16th January 2003, granted permission to
claim judicial review to two asylum-seekers who have been refused
asylum support by NASS under the new rules. The cases of 'M' (CO/151/2003)
(represented by Simon Cox of Doughty Street Chambers instructed
by Ravi Low-Beer of the Refugee Legal Centre and) and 'J' (CO/150/2003)
(represented by Simon Cox instructed by Colin Henderson of Ben Hoare
Bell solicitors) were ordered to be heard on the first available
date after 30 January 2002.
Mr.
Kay said that the courts had been taken by surprise by the swift
reaction to the change, which has already sparked a mounting number
of legal challenges.
"It is apparent from this group
of cases and conversations with other judges who have received out-of-hours
applications that this might be the beginnings of a flood,"
he said.
There
is no right of appeal against a refusal of benefits under section
55, the only remedy is to seek a judicial review.
NASS did not attend
the hearing and were not represented.
'M'
passed through an airport at night accompanied by her agent who
had warned her not to claim. The Home Office decided that she should
have claimed at port. 'J' entered hidden in a lorry and on the next
day saw a solicitor who sent him straight to the immigration officer.
The Home Office did not believe his story. The judge ordered that
both claimants be referred to only by their initials and that NASS
must continue to accommodate them pending judgment.
The issues raised on the claims
are:
