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4 Mar 21 Back to Listing

Alan Payne QC and Saara Idelbi appear in the Administrative Court for the Home Secretary in a case concerning the provision of accommodation to failed asylum seekers

On 11 February 2021, Alan Payne QC and Saara Idelbi appeared in the Administrative Court (Lewis LJ and Garnham J) for the Secretary of State for the Home Department in the case of KMI v SSHD [2021] EWHC 477 (Admin), where the claimant sought class interim relief on behalf of all failed asylum seekers.

The case concerns whether failed asylum seekers should be entitled to the provision of support and accommodation pursuant to section 4 of the Immigration and Asylum Act 1999, in light of the national restrictions imposed as a result of the current coronavirus pandemic. The claimant sought class interim relief requiring the Secretary of State for the Home Department to accommodate all failed asylum seekers who applied for section 4 support pending determination of the substantive claim, or in the alternative to accommodate failed asylum seekers who had been refused section 4 support with an appeal pending before the First-tier Tribunal (Social Entitlement Chamber) (Asylum Support). 

Judgment on the interim relief application was handed down on 3 March 2021 (see here).

A substantive hearing in the matter is due to take place in May 2021.