Source: All England Reporter
Publisher Citation: [2002] All ER (D) 352 (Oct)
Neutral Citation: [2002] EWHC 2146 (Admin)
Court: Administrative Court

Lightman J

Representation Ian Wise (instructed by Johar & Co, Leicester) for the claimant.
  Angus McCullough and Shaheen Rahman (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 24 October 2002


Human rights - Right to private and family life - Asylum-seeker - Secretary of State's duty to provide accommodation for destitute asylum-seekers - Scope of matters to be taken into account - European Convention on Human Rights, art 8.

The Case

Although art8 of the European Convention on Human Rights required the Secretary of State to provide the claimant as a destitute asylum-seeker with adequate accommodation, that right did not include or require for its full and effective enjoyment regard to the claimant's preference as to locality or nature of the accommodation. Accordingly, the Secretary of State was not precluded by s97(2)(a) of the and reg13(a) of the Asylum Support Regulations 2000 from taking into account critical elements necessary to arrive at a Convention compliant decision. Furthermore, since the decision as to the adequacy of accommodation was a policy decision, the lack of an appeal to an independent adjudicator did not violate art6 of the Convention in the light of the availability of judicial review.

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