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Court of Appeal
Published May 11, 2007
Regina (AW, A and Y) v Croydon London Borough Council and Another
The duty to provide for an ablebodied destitute failed asylum-seeker, for whom the provision of support was necessary to avoid the breach of his or her rights under the European Convention on Human Rights, fell upon the Secretary of State for the Home Department whereas the duty to provide for an infirm destitute failed asylum-seeker in such circumstances rested upon the local authority.
The Court of Appeal (Lord Justice Judge, Lord Justice Laws and Lord Justice Scott Baker) so held in a reserved judgment on April 4, 2007 dismissing appeals by Croydon London Borough Council and Hackney London Borough Council from Mr Justice Lloyd-Jones ([2006] LGR 159) that provision for the support of AW, A and Y, as failed asylum seekers, fell to be made by local authorities under section 21 of the National Assistance Act 1948.
LORD JUSTICE LAWS said that the division of responsibility for the support of asylum seekers and failed asylum seekers was a difficult and contentious area.
R (Westminster City Council) v National Asylum Support Service ([2002] 1 WLR 2956) concerned an asylum seeker, not a failed asylum seeker.
There was nothing to show that the legislature intended to distribute responsibility for the support of failed asylum seekers between central and local government in a radically different manner from the arrangements which the Westminster case showed were made in relation to asylum seekers. But the distribution of responsibility at the core of the present case could surely have been provided much more clearly and simply.
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Its unfortunate how we can be brought to our knees with decisions which are beyond us. My appeal has just been dismissed for no basic legal reason-at least as far as I know. I'm so very qualified and intelligent and the jugde recommended this ability, why can't your country offer opportunity to individuals like myself to contribute to the economy of this country rather than feed us on £40.22 per week. Majority of asylum seekers prefer to lounge about, but a few individuals are well focused to make a different in their life and to the economy of State. I hope Mr. Brown will giver a sober thought on this line otherwise I'll be left with no alternative but to join the thounsands who are working illegally
tina, Croydon, England
Everyone is entitled to their own opinions.I am an asylum seeker...i am here to speak for myself as well as those that do not have the voice to do so.I am very fluent in English,I did my A'Levels at a Private School back home.I have never claimed any benefits.My case was overthrown and together with that my ability to look after myself..I was left homeless and have managed to live through the help of friends and family.I was at the point of despair when someone approached me with an option to buy a new passport and start working.Do you know what one does at a point of desperation.?.you reach out for the closest way to make a living and try and improve yourself.As a woman it is embarrassing to rely on someone to give you money for sanitary pads,underwear,lotion and bras.I did start working but i was caught and reprimanded.I wish i was free..The same thing i ran away from is the same thing i am facing over here but over here at least i know i will not be killed.I am still alive.
lous, nottingham,
i am from afghanistan which is know as a country of war since the last 3 and a half decays. what i would say about my self going back to my country is a clear death or killin others. there i will not have an option apart from either joining the current governmen in which i can easily be targetted by talibans, or joining talibans in the result i will be fightin back again the current government. but now if i reapply for asylem in this country the result will be again a failed asylum seeker as usual situation for afghan asylum seekers. i applied for asylum in this country in 2002 and my aplication was refused then. since then i have been working hard and earning money without payin tax but i think if i paid tax it would be alot of money, its just example of myself you can imagin thousands of others the same. my studies have been supended due to my status in this country i would be a profissional person by now if i lived legally in this country. i really hope for a positive reply.
wakil, newcasle upon tyne, england
How can i go home if my country is not safe ? am failed Iraqi asylum seeker . Have you seen the situation in my country ? Every day suicide bombs kills hundreds every DAY . Look back to 07/07 in London and feel how hard and bad its . I agree to go back when my country is safe , meanwhile i do not want you to pay tax for me i want to work as you do and pay tax so ask your gov to allow me to work untill my country is safe . Hope you say something about 500.000 Polish immigrants who came here and half of them not working YOU just HAVE TO pay tax for them .
Ahmad, Newcastle, UK
sorry to say but if any one has failed tom convince the british authorities that they should not be granted asylum then go away we have many asylum seekers who come to uk and are granted asylum and fair play to them
the vast majority i see in the media are young men who cannot speak English despite having been here for several years.
I pay enough in taxes to support geniune asylum seekers ( and do not begrudge a penny of it.
i say if you fail in your aplication GO HOME
nigel, london,