Foreword v Acknowledgements viii Table of cases xiii Table of statutes xxi Table of statutory instruments xxxi Table of European legislation xxxix Table of international legislation xli Table of decisions xliii Abbreviations xlv 1 Asylum and immigration law 1 Introduction 4 The administration of asylum and immigration decisions 4 Leave to enter and leave to remain 5 The immigration service 5 The legal framework 6 Immigration law concepts 8 The asylum application - law and procedure 15 Article 3 of the European Convention on Human Rights 18 Unaccompanied minors 19 The procedure for claiming asylum 21 When is an asylum claim recorded? 22 Screening interview 23 Fingerprinting 23 Removal to a 'safe third country' 25 Temporary admission and detention 25 Oakington 28 Referral of asylum-seekers to reception assistants 29 Asylum questionnaires, interviews and 'non-compliance' 30 Favourable and unfavourable decisions 32 Grant of asylum or other immigration status 33 The concession for asylum seeking families 33 Refugee status 35 Humanitarian protection and discretionary leave to remain 35 Leave outside the Rules 37 Travel documents 38 Leave 'in line' 39 Cases where limited leave has expired 39 Indefinite leave to remain 40 Family reunion 40 Unfavourable decisions 41 Remedies 42 Rights and duties of asylum-seekers pending a decision 46 Common problems 48 Common Home Office documents 52 2 Benefits 55 Introduction 57 Entitlement and disqualification 57 Categories of persons entitled to benefits 60 Habitual residence test and right to reside 78 The urgent cases rate 82 Mixed households 83 End of entitlement to benefit 87 Becoming entitled to benefit 90 3 Asylum support: eligibility 103 Introduction and changes to the law 106 Key features of the asylum support scheme 107 Initial considerations - should the application be made to a local authority or NASS? 110 Section 55: exclusion from eligibility for NASS support 114 Eligibility for support 127 The destitution test 140 NASS procedures 152 Refusal, suspension or termination of support and challenges 160 Suspension or discontinuance of support 163 Dispersal: breach of conditions by failure to travel 166 Challenging refusal or withdrawal of support 187 Appeals to the Asylum Support Adjudicators 187 Judicial review 200 Remedies where applicants are ineligible for asylum support under IAA 1999 Part VI 201 IAA 1999 s4-'hard cases' support 202 4 Asylum support: service provision 205 Introduction 207 Key features 208 Forms of support 210 Section 28 temporary support 211 Type and level of section 95 support 214 Adequate accommodation under section 95 215 Challenges and complaints in dispersal cases/where accommodation is inadequate 229 Accommodation centres 230 Essential living needs 234 Payment problems and procedures 240 Other forms of support and welfare provision 243 Section 4 hard cases support 251 Challenges and complaint about inadequate service provision 252 Asylum-seekers’ responsibilities and NASS's powers 255 Asylum-seekers' responsibilities 256 NASS's powers 258 5 Housing rights 263 Introduction 265 Homelessness and allocation under the HA 1996 265 Homelessness: does the local authority have a duty to assist? 266 Homelessness: what are the duties owed: 280 Homelessness: applications and decisions 289 Allocation 290 Remedies in homelessness and allocation cases 296 The use of social housing as accommodation for asylum-seekers 297 Succession and assignment 299 Effects of changes in immigration status 299 Recovery of possession, protection from eviction and harassment 307 Housing conditions 311 Asylum-seekers and council tax 314 6 Community care services for asylum-seekers 317 Introduction 319 Overview 320 Assessing applicants for community care services 326 Exclusion of PSIC and others from community care services 334 The nature and extent of community care services 344 Effects of changes of status 362 Community care challenges 367 APPENDICES A Extracts from legislation 371 B Directions and guidance 535 C International instruments 597 D Home Office decision letters and resident permits 619 E Outline of interim support 643 F How to contact NASS and 'one-stop' services 647 G Resources 655 H Section 55 materials 667 I Main welfare entitlements and support 677 Index 679