JR of Asylum Support (Doughty Street training)

Question 1

Delays cases - what level of delay is unlawful?

Answer 1

Write a pre-action letter straight away if they are street homeless

Question 2

How long should the reply in the PAP be?

Answer 2

Normal 14 days - but could be less if justified

Question 3

Phantom pickups + how to deal

Answer 3

HO often say they tried to pick client up.

Ask HO to let solicitors know about pickups (although they won’t do it, even if court ordered) - helps in court.

Question 4

Be aware of the following implication of JR challenge to AS…

Answer 4

Can lead to swift refusal of weak immigration applications

Question 5

Adequacy of accommodation

Answer 5

Consider the following:

1) Evidence of needs - disability, illness
2) Allocation of accommodation Home Office guidance
3) Has the HO made a decision, but is failing to implement? Easy challenge.
4) How would a judge view this? May need to explain things like sofa-surfing - judge may not understand what this is like.
5) Immigration implications
6) How long should the reply date in the PAP be? If re moving from one location to another, 14d. But if there is a risk of violence or risk to health, could be much shorter.

Question 6

Delays in financial support

Answer 6

For example, failing to increase support to include new child / maternity grants / failure to provide ASPEN card.

Consider:
1) evidence of hardship

Question 7

A brief guide to JR procedure

Answer 7

1) Prepare a formal PAP letter
2) Give a timescale in PAP - usually 14 days, but can be much shorter or no time at all
3) Apply for legal aid (should be granted within 24h or 48h)
4) Issue an application in court asking for permission & interim relief (can be an order that accommodation and support be provided)
5) Court can grant interim relief same day
6) D has 21d to file reply
7) Hearing

Question 8

In practice

Answer 8

85% of cases, PAP letter resolves issue.

In most cases interim relief ends matter.

Question 9

DPG PAP project

Answer 9

Trains and supports frontline organisations to write their own PAP letters - email to DPG for checking. Scheme run with British Red Cross and ASAP. Funeded by the Big Lottery & Barings Foundation.

Question 10

JR claims can include claims for damages

Answer 10

EG under Art 3, or under Equality Act. But be cautious about value of damages to client - may affect entitlement to benefits / AS

Question 11

Reg 5 Asylum Support Regs 2005

Answer 11

DUTY to offer support to people eligible for 95/98 support (not just discretion). This comes from the Reception Directive.