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Bloomsburry Family law

Local government

Cost of asylum

The Lords’ decision on the duty to provide accomodation for asylum seekers is far from comprehensive, says Adam Solomon

Westminster City Council v National Asylum Support Service [2002] UKHL 38

Public and Administrative Law - Judicial Review - Housing - Council assessed community care needs of asylum seeker who was infirm - Council and not National Asylum Support Service had to pay for providing accommodation - Asylum seeker who was not able-bodied came within National Assistance Act 1948, s 21(1)(a) and was not excluded by s 21(1A) - Existence of duty under s 21 excluded infirm asylum seeker from consideration for asylum support under Immigration and Asylum Act 1999, Pt VI

R v SoS for the Home Department, ex p Thangarasa; R v SoS for the Home Department, ex p Yogathas [2002] UKHL 36

Judicial Review - Human Rights - Immigration - Asylum - Tamils from Sri Lanka sought asylum in UK after first seeking asylum in Germany - Secretary of State directed removal to Germany as responsible State under Dublin Convention - Secretary of State entitled to certify under Asylum and Immigration Act 1996, s 2(2) that Germany would not send asylum seeker to another country or territory otherwise than in accordance with Geneva Convention - Secretary of State entitled to certify under Immigration and Asylum Act 1999, s 72(2) that allegation that decision to send asylum seeker back to Germany was in breach of the European Convention on Human Rights was manifestly unfounded

Brawley v Marczynski [2002] EWCA Civ 1453

Costs - Legal Aid - Judge right to order indemnity costs against defendants in favour of legally-aided claimant - Indemnity principle ensured that award of costs (whether on standard or indemnity basis) did not enable litigant to profit from any costs order - Order for indemnity costs intended to operate penally on losing party to mark court’s disapproval of that party’s conduct of litigation - That legally-aided litigant would not himself recover difference between standard and indemnity costs not principled objection to award of indemnity costs - Court had to consider whether claimant’s lawyers deserved any increase in their usual or prescribed fee - Civil Legal Aid (General) Regulations 1989, reg 107B

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