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Law of humanity

Anna Kotzeva reports on the Court of Appeal’s decision in the recent cases on support for asylum seekers

4 April 2003

As part of the tough measures adopted by the Government in the Nationality, Immigration and Asylum Act 2002, from 8 January 2003 no support will be provided to asylum seekers who did not claim asylum as soon as reasonably practicable after their arrival in the UK. This new regime came under challenge in six test cases. The Court of Appeal ruling on 18 March 2003 in those cases (Q v SoS for the Home Department [2003] EWCA Civ 364) has been interpreted as a victory by both sides. Once the dust from the political skirmishes has settled, what was the real outcome? Have the courts managed to preserve the ancient law of humanity, despite Parliament’s best efforts to repeal it? What are the implications of the judgment on those advising asylum-seekers? Questions considered by the CA Fair process The first question, which arose under s 55 of the Nationality, Immigration and Asylum Act 2002 (the 2002 Act), was whether a claim for asylum was ‘made as s...

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