Home Office Ordered to Provide Accomodation for Migrant Family Pending Judicial Review

A migrant family who have lived on charitable donations: including the use of soup kitchens and food banks and support from members of the local community. Rawle is 73 years old, and suffers from hypertension, diabetes and chronic stage 3 kidney disease. Paul is 49 years old, and suffers from diabetes and asthma, and may have some learning difficulties. Fayrose is 69 years old and suffers from diabetes. On 6 January 2023, Rawle applied to the Home Office for accommodation and support, using "BAIL 409" form.

The Home Office considered the application and tourned it down: It is considered that you have the ability to return to your country of origin, or any other country of willing to accept you as a national. You have submitted no medical evidence that you are unable to leave the UK at the present time On the information available it is not considered that you have an outstanding asylum claim, nor are you a Failed Asylum Seeker. It is therefore not considered that there are any legal or practical obstacles to you returning to your country of origin. As such, the denial of support does not constitute a breach of your human rights”.

Grant of Interim Relief
The test on an application for interim relief is that set out in American Cyanamid v. Ethicon Ltd. [1975] AC 396 -- is there a serious question to be tried and, if so, where does the balance of convenience lie -- modified for public law cases. Where an application is made for mandatory relief, there is some dispute in the authorities as to whether the applicant must show that they have a strongly arguable case, or whether the strength of the case goes merely to the balance of convenience. I do not need to decide that question in this case.

I consider that there is plainly a serious issue to be tried. If the "strongly arguable" test applies as a threshold question where mandatory relief is sought then that threshold has been met. If it is not a threshold question, then the strength of the Claimant's case weighs heavily in their favour when considering the balance of convenience. As for the balance of convenience more generally, I appreciate that making the mandatory order will put the Defendant to some expense and extra administrative burden, and that this is not immaterial. Nevertheless, I consider that this inconvenience or burden to the Defendant is easily outweighed by the prejudice or harm to the Claimants if they are required to make the choice of (1) or (2).

It seems to me, therefore, that a grant of the mandatory order is clearly called for and that the inconvenience or burden to the Home Office can be minimised by expediting the hearing of the Claimants' judicial review.

Conclusion: I have ordered the Home Office to make accommodation available to the Claimants pending the final hearing of their judicial review; and have ordered expedition of that hearing.

Read the full transcript: https://www.bailii.org/ew/cases/EWHC/Admin/2023/197.html



Continuing Conflicts That Create Refugees - February 2023

Deteriorated Situations
India-Pakistan (Kashmir), Pakistan, Democratic Republic of Congo, Rwanda, Cameroon , Israel/Palestine, Brazil, Peru

Conflict Risk Alerts - Central African Republic

Resolution Opportunities - None

Hundreds of Sudan-based rebels entered the Central African Republic, fuelling fears of large-scale fighting and regional destabilisation.

A Canadian peace initiative to end the brutal conflict between Cameroon’s government and several Anglophone separatist groups suffered setbacks as Yaoundé denied giving any country a mandate to facilitate negotiations.

Already high tensions between Rwanda and DR Congo ratcheted up after the Rwandan military shot at a Congolese fighter jet they say violated Rwandan airspace.

In Pakistan, a suicide bombing claimed by the Pakistani Taliban killed scores in Peshawar city, as the group continued high-frequency attacks in Khyber Pakhtunkhwa province.

Days after Luiz Inácio “Lula” da Silva’s inauguration as Brazil’s president, supporters of former President Jair Bolsonaro stormed government buildings in the country’s capital, demanding a military coup to reinstate him to power.

Deadly violence escalated in Israel-Palestine as Israeli forces killed dozens of Palestinians in the West Bank and a Palestinian shooter killed seven Israelis in Jerusalem.

Internatinal Crisis Group, https://www.crisisgroup.org/crisiswatch



Continuing Conflicts That Create Refugees - February 2023

Deteriorated Situations
India-Pakistan (Kashmir), Pakistan, Democratic Republic of Congo, Rwanda, Cameroon , Israel/Palestine, Brazil, Peru

Conflict Risk Alerts - Central African Republic

Resolution Opportunities - None

Hundreds of Sudan-based rebels entered the Central African Republic, fuelling fears of large-scale fighting and regional destabilisation.

A Canadian peace initiative to end the brutal conflict between Cameroon’s government and several Anglophone separatist groups suffered setbacks as Yaoundé denied giving any country a mandate to facilitate negotiations.

Already high tensions between Rwanda and DR Congo ratcheted up after the Rwandan military shot at a Congolese fighter jet they say violated Rwandan airspace.

In Pakistan, a suicide bombing claimed by the Pakistani Taliban killed scores in Peshawar city, as the group continued high-frequency attacks in Khyber Pakhtunkhwa province.

Days after Luiz Inácio “Lula” da Silva’s inauguration as Brazil’s president, supporters of former President Jair Bolsonaro stormed government buildings in the country’s capital, demanding a military coup to reinstate him to power.

Deadly violence escalated in Israel-Palestine as Israeli forces killed dozens of Palestinians in the West Bank and a Palestinian shooter killed seven Israelis in Jerusalem.

Internatinal Crisis Group, https://www.crisisgroup.org/crisiswatch