Asylum seeker obtains court order against council for interim accommodation

Barristers chambers Garden Court has gained a High Court order requiring an unnamed council to secure suitable interim accommodation under section 188(1) of the Housing Act 1996 for an asylum seeker.

Georgie Rea, of the chambers’ housing team, acted instructed by Lauren Sidgwick of Turpin Miller.

Ms Rea said London Councils had found “a concerning 39% increase in homelessness presentations among refugees and asylum seekers evicted from Home Office accommodation last year, with numbers continuing to rise”.

Those living in section 95 accommodation often endured lengthy waits while the Home Office processed asylum claims, rendering them unable to work or prepare to move to the private rented sector.

Their uncertain status left them without local authority support under Regulations 3 and 5 of the Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006/1294.

Those who receive refugee status face imminent eviction from their Home Office residence, despite regulations stipulating a 28-day extension period, Rea said. Appeals against premature discontinuation of support to the Asylum Support Tribunal can delay resolution by two to three weeks.

Rea said in the case concerned, a client faced imminent street homelessness over Easter after being served notice to vacate their Home Office accommodation.

Despite asylum being granted based on a history of severe trauma, the council initially declined accommodation under section 188(1) of the Housing Act 1996, citing no evidence of priority need.

The client said her history of sexual assault in Iran had resulted in severe mental health difficulties and an acute fear of sleeping on the streets close to lone men, meaning she clearly met the test for priority need in section 189(c) of the Housing Act 1996, read with Hotak v London Borough of Southwark [2015] UKSC 30, and certainly met the low threshold of “reason to believe” required to engage the section 188(1) housing duty.

Rea said efforts to change the council’s mind proved futile but an urgent application for interim relief “resulted in the High Court promptly ordering the council to secure suitable interim accommodation under section 188(1) of the Housing Act 1996”.

She said: “Solicitors should advise clients on the importance of a move-on plan post-asylum application approval.

“In the event of a Home Office refusal, clients are only entitled to a 21-day extension on their section 95 accommodation and may only apply for housing under section 4 of the Immigration and Asylum Act 1999, as they are ineligible for local authority support.”

A failed asylum seeker had to not only demonstrate that they are destitute to qualify for section 4 accommodation but must also meet one of the additional requirements, for example, that they are unable to leave the UK due to physical impediment or other medical reason, Garden Court said.

Mark Smulian