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Law centre Judicial Review prompts Home Office to clarify immigration support

Published 12/06/2019

The Home Office published an application form and guidance for accommodation seekers under schedule 10 of the Immigration Act 2016, following a judicial review by Public Interest Law Centre.

London-based Public Interest Law Centre brought a judicial review on behalf of a homeless Syrian asylum seeker, over the absence of an adequate application process for accommodation sought under schedule 10 of the Immigration Act 2016. The Act states that asylum seekers can only apply for accommodation if they would otherwise be destitute, which could cause a severe infringement of their human rights. The barristers arguing the case stated that the Home Office was aware of the problems that arise when no proper application process exists for schedule 10 as early as February 2018. In April 2019, the Home Office finally published an application form and guidance which covers situations such as the one above, where the applicant’s asylum claim was treated as ‘withdrawn’ but who then made further submissions that had yet to be recognised as a fresh claim.

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