Judge rules - Section 55 decisions - lead to breach of Article 3 of Human Rights Convention

Section 55:  Justice Maurice Kay, ruled yesterday Thursday 31st July 2003 that the "degrading treatment" threshold had been reached in the cases of three men who had been refused benefits under Section 55 had fallen into circumstances where there Human Rights had been infringed.

"for a protracted but indefinite period of time for the determination of his asylum application it will often happen that, denied access to employment and other benefits, he will soon be reduced to a state of destitution.
"Without accommodation, food or the means to obtain them, he will have little alternative but to beg or resort to crime. Many, like the claimants in this case, will have little choice but to beg and sleep rough.

"In those circumstances and with uncertainty as to the duration of their predicament, the humiliation and diminution of their human dignity . . . will often follow within a short period of time."

"the applicants had been forced into "a life so destitute that no civilised nation could tolerate it"     Justice Maurice Kay

Shelter, the charity for the homeless, who brought the action on behalf of the three men said: "The Government has taken an inhumane stance on this issue for long enough. It is time for them to repeal this shocking and unworkable piece of legislation that leaves vulnerable people desperate, degraded and damaged."

"All three people were malnourished and forced to beg for food and to sleep rough; and one man was left no option but to defecate in a park. These cases highlight the horrific impact on those left penniless with no other access to help as a result of the Act - particularly vulnerable people with illness and other problems. It is unacceptable that any human being is both prevented from working and denied any statutory support, leaving them genuinely destitute with nowhere to turn.

"Evidence given by Shelter illustrates that there is virtually no charitable provision available to people denied support as a result of Section 55; most hostel beds are paid for by housing benefit, which is not available to asylum seekers. We hope that this judgement will convince the Government that it is unacceptable for vulnerable people to have to sink to desperate levels of destitution before they can have their human rights upheld."

Inquires/further information:
Ben Overlander,Media Officer, Shelter, 020 7505 2051
Ben_Overlander@shelter.org.uk
http://www.shelter.org.uk/ 

News paper reports on the decision:
Asylum policy degrading, high court rules   The Guardian Friday 1st August 2003
Judges denounce Blunkett's policy on asylum claims   The Telegraph 1st August 2003
Asylum seekers win test cases       BBC News Online Thursday 31st July 2003
Judge says Blunkett plan is 'inhuman' to migrants      Times Online Friday 1st August 2003