New UK rules on asylum seekers ruled illegal

By MAXINE FRITH

Controversial new rules which ban some asylum seekers from receiving housing and other benefits were ruled illegal and in breach of human rights by the Court of Appeal yesterday.

The ruling is a major setback for Home Secretary David Blunkett's attempts to clampdown on bogus asylum claims.

Under Section 55 of the Nationality, Immigration and Asylum Act, people must claim asylum within three days of arriving in the UK in order to qualify for benefits and housing. The restrictions were introduced last December.

But refugee groups say the rules have left thousands of genuine asylum seekers destitute.

Yesterday the Court of Appeal upheld an earlier ruling that the law is in breach of Article 3 of the European Convention on Human Rights, which guarantees shelter as a "basic amenity."

It means that a vital element of government policy on asylum is illegal and will force the Home Office to provide accommodation for all people who make claims.

The case was brought by three asylum seekers; Wayoka Limbuela, Binyam Tefera Tesema and Yusif Adam.

They had their applications refused and were denied benefits and housing after falling out of the three-day limit for claiming asylum.

Mr Adam was forced to sleep in a car park for a month after his application was refused, while Mr Limbeula spent two nights without food or shelter outside a police station until "interim relief" was provided.

Adam Sampson, director of the homeless charity Shelter, said: "This ruling is a victory for very vulnerable people who are in desperate need."

However, the Home Office refused to back down and said it would seek leave to appeal to the House of Lords over the decision.

A spokesman said: "We are disappointed that the appeals have been dismissed.

"The essential point of section 55 is that we are not prepared to use taxpayers' money on supporting people who make speculative asylum claims or who have some alternative source of support."

He claimed that the clampdown had led to a halving of asylum claims since Autumn 2002.

- INDEPENDENT