“(3) A claim for asylum is a claim by a person that to remove him from or require him to leave the United Kingdom would be contrary to the United Kingdom's obligations under— (a) the Convention relating to the Status of Refugees done at Geneva on28th July 1951 and its Protocol, or (b)Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms agreed by the Council of Europe at Rome on4th November 1950 .” (a) the Convention relating to the Status of Refugees done at Geneva on28th July 1951 and its Protocol, or (b)Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms agreed by the Council of Europe at Rome on4th November 1950 .”
“(1) In this Part – “asylum-seeker” means a person who is not under 18 and has made a claim for asylum which has been recorded by the Secretary of State but which has not been determined; “claim for asylum” means a claim that it would be contrary to the United Kingdom's obligations under the Refugee Convention, or under Article 3 of the Human Rights Convention, for the claimant to be removed from, or required to leave, the United Kingdom;”
“3.— Eligibility for and provision of accommodation to a failed asylum-seeker (1) Subject to regulations 4 and 6, the criteria to be used in determining the matters referred to in paragraphs (a) and (b) of section 4(5) of the 1999 Act in respect of a person falling within section 4(2) or (3) of that Act are– (a) that he appears to the Secretary of State to be destitute, and (b) that one or more of the conditions set out in paragraph (2) are satisfied in relation to him. (2) Those conditions are that– (a) he is taking all reasonable steps to leave the United Kingdom or place himself in a position in which he is able to leave the United Kingdom, which may include complying with attempts to obtain a travel document to facilitate his departure; (b) he is unable to leave the United Kingdom by reason of a physical impediment to travel or for some other medical reason; (c) he is unable to leave the United Kingdom because in the opinion of the Secretary of State there is currently no viable route of return available; (d) he has made an application for judicial review of a decision in relation to his asylum claim– (i) in England and Wales, and has been granted permission to proceed pursuant to Part 54 of theCivil Procedure Rules 1998 , (ii) in Scotland, pursuant to Chapter 58 of the Rules of the Court of Session 1994 or (iii) in Northern Ireland, and has been granted leave pursuant to Order 53 of the Rules of Supreme Court (Northern Ireland) 1980; or (e) the provision of accommodation is necessary for the purpose of avoiding a breach of a person's Convention rights, within the meaning of theHuman Rights Act 1998 .” (a) that he appears to the Secretary of State to be destitute, and (b) that one or more of the conditions set out in paragraph (2) are satisfied in relation to him. (a) he is taking all reasonable steps to leave the United Kingdom or place himself in a position in which he is able to leave the United Kingdom, which may include complying with attempts to obtain a travel document to facilitate his departure; (b) he is unable to leave the United Kingdom by reason of a physical impediment to travel or for some other medical reason; (c) he is unable to leave the United Kingdom because in the opinion of the Secretary of State there is currently no viable route of return available; (d) he has made an application for judicial review of a decision in relation to his asylum claim– (i) in England and Wales, and has been granted permission to proceed pursuant to Part 54 of theCivil Procedure Rules 1998 , (ii) in Scotland, pursuant to Chapter 58 of the Rules of the Court of Session 1994 or (iii) in Northern Ireland, and has been granted leave pursuant to Order 53 of the Rules of Supreme Court (Northern Ireland) 1980; or (e) the provision of accommodation is necessary for the purpose of avoiding a breach of a person's Convention rights, within the meaning of theHuman Rights Act 1998 .”
“When a human rights or protection claim has been refused or withdrawn or treated as withdrawn under paragraph 333C of these Rules and any appeal relating to that claim is no longer pending, the decision maker will consider any further submissions and, if rejected, will then determine whether they amount to a fresh claim. The submissions will amount to a fresh claim if they are significantly different from the material that has previously been considered. The submissions will only be significantly different if the content: (i) had not already been considered; and (ii) taken together with the previously considered material, created a realistic prospect of success, notwithstanding its rejection. This paragraph does not apply to claims made overseas.”
“1. Member States shall ensure that material reception conditions are available to applicants when they make their application for asylum. 2. Member States shall make provisions on material reception conditions to ensure a standard of living adequate for the health of applicants and capable of ensuring their subsistence… 3. Member States may make the provision of all or some of the material reception conditions and health care subject to the condition that applicants do not have sufficient means to have a standard of living adequate for their health and to enable their subsistence. …”
“2(1) In these Regulations– …(b) “asylum seeker” means a person who is at least 18 years old who has made a claim for asylum which has been recorded by the Secretary of State but not yet determined; (c) “claim for asylum” means a claim made by a third country national or a stateless person that to remove him or require him to leave the United Kingdom would be contrary to the United Kingdom's obligations under the Convention relating to the Status of Refugees done at Geneva on28th July 1951 and its Protocol;…” …(b) “asylum seeker” means a person who is at least 18 years old who has made a claim for asylum which has been recorded by the Secretary of State but not yet determined; (c) “claim for asylum” means a claim made by a third country national or a stateless person that to remove him or require him to leave the United Kingdom would be contrary to the United Kingdom's obligations under the Convention relating to the Status of Refugees done at Geneva on28th July 1951 and its Protocol;…”
“4.3 The Directive is being implemented both by the introduction of new legislation as well as reliance on existing legislation. Much of the Directive is concerned with the provision of housing and other essential living needs for asylum seekers and their dependants whilst their claims are outstanding. Provision for this is already made for this in partVI of the Immigration and Asylum Act 1999 (“the 1999 Act”) and in theAsylum Support Regulations 2000 which are made there under. Where possible the changes that are necessary to implement the Directive are being made in theAsylum Support (Amendment) Regulations 2005 , however the provisions contained in these Regulations are not apt for inclusion in either those regulations or in the Immigration Rules.”
“4.3 Many of the Directive’s provisions are already applied in UK practice and they must now be given statutory effect – the UK must therefore legislate in order to comply with the Directive. Where possible, the changes that are necessary to implement the Directive have been made through the Immigration Rules. The provisions contained in these Regulations, however, are not suitable for inclusion on the Immigration Rules.”
“8 …Member States' obligation arising from a directive to achieve the result envisaged by the directive and their duty under Article 5 of the Treaty to take all appropriate measures, whether general or particular, to ensure the fulfilment of that obligation, is binding on all the authorities of Member States including, for matters within their jurisdiction, the courts. It follows that, in applying national law, whether the provisions in question were adopted before or after the directive, the national court called upon to interpret it is required to do so, as far as possible, in the light of the wording and the purpose of the directive in order to achieve the result pursued by the latter and thereby comply with the third paragraph of Article 189 of the Treaty.”
“21. …There is a real difference between the situation when an initial claim for asylum is made and that when attempts are made to prevent removal following rejection and the exhaustion of all the appeal processes of that claim. The Secretary of State is indeed entitled to consider whether the representations made can properly be said to amount to a fresh claim so as to make the individual an asylum seeker. He will record that, and the evidence before me is that he does record that, when that preliminary decision is made and that the individual in question is notified when that happens. A record is made of that decision at that time. 22. I am bound to say that Parliament must have meant something by requiring that the claim be recorded. One would have thought that if all that was meant was that it was received, that would have been said. Normally speaking, that will perhaps make no great difference because no system of sensible administration could work unless every application and every claim were recorded by someone when it was made. The question really turns on whether what was put before the Secretary of State can be said to have amounted to a claim for asylum. For the reasons that I have given, in my judgment, it does require the Secretary of State to decide the initial question as to whether it should be regarded as a claim for asylum before any right to support within section 95 can arise.”
“78.…There is no other national instrument implementing article 14(4).The Qualification Regulations 2006 do not include any relevant provision, and I note that the explanatory note to those Regulations stated, at para 1: “Many parts of the Directive do not require implementation as consistent provision is already made in existing domestic legislation.”
“A directive shall be binding, as to the result to be achieved, upon each Member State to which it is address but shall leave to the national authorities the choice of form and methods.”
“100. As a matter of principle, EU law creates rights, but it is left to member states as to how those rights should be made effective and effectively protected within their territory. It would be remarkable if the European Court had laid down a particular way adequately to protect the right of residence of a minor with no EU ascendant carer relatives, which each member state would be bound to implement. That is simply not how the EU works.”