London Daily

Focus on the big picture.
Thursday, Jul 23, 2026

High court ruling leaves refused asylum seekers at risk of homelessness

High court ruling leaves refused asylum seekers at risk of homelessness

Judge quashes earlier decision by tribunal that accommodation should be provided until all Covid restrictions are lifted
A high court judge has quashed a ruling that said refused asylum seekers who are destitute must be given accommodation during the pandemic until all Covid restrictions are lifted.

At least 1,000 asylum seekers currently in accommodation are thought to be affected by Tuesday’s decision and are now at risk of being made street homeless.

In April, the asylum support tribunal concluded that because of the increased Covid risk, destitute refused asylum seekers should not be forced on to the streets or into “sofa surfing”. The Home Office was ordered to continue accommodating this group of asylum seekers until step 4 of the roadmap was reached.

In an unusual move, the Home Office went to the high court and asked for permission to judicially review the tribunal’s decision.

Mr Justice Chamberlain granted that permission and quashed the tribunal’s decision to protect the group. He said the Home Office would not be breaching human rights rules if accommodation was not provided to them.

However, the Home Office will not be able to start evicting those affected immediately as the judge is sending the case back to the immigration tribunal to be reconsidered.

Despite the success of the case brought by the home secretary, Priti Patel, the judge did criticise some elements. There have been a series of high court cases over the last few months relating to this issue and the home secretary’s powers to evict or not evict some asylum seekers have been scrutinised. In an earlier case, counsel for Patel was unable to give an explanation about what powers she was using.

Government lawyers provided an explanation in a letter last week, stating: “This action has been conceptualised as the exercise of prerogative power.” The judge said he believed the home secretary had reached this view recently rather than at the time when she took the decisions about whether or not to provide accommodation to refused asylum seekers during the pandemic. He said the explanation by the government lawyers was “infelicitously drafted”.

Sasha Rozansky of Deighton Pierce Glynn solicitors, representing the asylum seeker who secured the earlier tribunal ruling, urged the home secretary to disclose all of the evidence supporting the assessments she has made about the public health risks of making migrants homeless during the pandemic, particularly with regard to minority ethnic communities and disabled people, and the advice about this she received from Public Health England.

A Home Office spokesperson said: “We welcome the judge’s decision. Throughout the pandemic, large numbers of failed asylum seekers have had accommodation and financial assistance provided at the expense of the taxpayer. It is right that as restrictions ease they return home if they are able to, rather than demand accommodation at public expense.”
Newsletter

Related Articles

0:00
0:00
Close
UK Government Reviews Long-Term Balance Between Cost Relief, Industry Support, and Public Investment Priorities
BBC Could Receive Permanent Royal Charter Under Government Proposal
Northern Ireland Proposes End to Severe Weather Exemptions for Electricity Compensation Rules
Andy Burnham Holds Talks With UK Devolved Leaders on Regional Cooperation and Devolution
House of Lords Launches Inquiry Into Risks Facing UK Democratic Institutions
ScottishPower Renewables Plans Major Rebuild of Whitelee Wind Farm With Fewer Larger Turbines
UK and Italy Leaders Discuss Global Combat Air Programme and Future European Cooperation
UK Government Announces Six Hundred Million Pound Aerospace Investment Package at Farnborough Airshow
European Union Approves UK Participation in Ninety Billion Euro Ukraine Support Loan Framework
Rolls-Royce Warns UK Government Over Jet Engine Funding Decision and Future Manufacturing Plans
UK Inflation Falls to Two Point Six Percent in June as Fuel and Food Prices Ease
Andy Burnham Begins Premiership With Two Pound England Bus Fare Cap and Electricity Tax Cut Plan
YouGov Poll Shows Tight Competition Among UK Political Parties
Space Technology Investment Expands Through UK-US Cooperation at Farnborough Airshow
UK Opens Final India Young Professionals Scheme Ballot for Three Thousand Applicants
United Kingdom Approved for Ukraine Financial Support Initiative With EU Partners
UK and Ireland Leaders Discuss Security, Energy and Regional Cooperation
British Heart Foundation Identifies Ten UK Areas With Severe Shortages of Defibrillators
Former Southern Water Executives Charged Over Alleged Water Test Manipulation Scheme
IMF Warns UK Economic Growth Will Slow to One Percent in 2026
UK Inflation Falls to Two Point Six Percent in June as Food and Energy Costs Ease
United Kingdom Joins European Union Loan Mechanism to Support Ukraine’s Defense Needs
Prime Minister Andy Burnham Introduces Two-Pound Bus Fare Cap and Energy Tax Relief Measures Across England
Northern Ireland Secures Additional Infrastructure Funding From UK Treasury
Wales Approves Port Investment Plans to Support Green Energy Supply Chains
UK Financial Regulator Simplifies Stock Market Rules to Attract More Listings
UK Reports Decline in Small Boat Crossings Across the English Channel
UK Government Creates Emergency Support Fund for Financially Pressured Universities
Scottish Government Launches Economic Strategy Focused on Innovation and Renewable Industries
UK Expands Sustainable Farming Incentives to Support Environmental Measures
UK Government Introduces New Neighbourhood Policing Standards Across England and Wales
UK Competition Regulator Opens Review of Artificial Intelligence Foundation Models
UK Deepens Indo-Pacific Security Cooperation After Talks With Singapore and Japan
UK Announces Rail Modernisation Plan for Northern England With New Infrastructure Funding
UK Government Updates Housing Planning Rules to Accelerate Residential Construction
UK Approves Major North Sea Offshore Wind Project to Support Clean Power Goals
UK Health Service Begins Major Digital Upgrade to Cut Hospital Waiting Times
Bank of England Holds Interest Rates Steady as UK Inflation Pressures Remain Persistent
UK Universities and Industry Expand Space and Defense Research Partnerships
House of Lords Approves Social Housing Bill Amendments on Shared Ownership Rights
House of Lords Advances Civil Aviation Bill With New Passenger Protection Measures
UK Government Suspends Tariffs on Fertilizer and Food Imports to Reduce Costs
Russell Group Universities Support New UK Business Department Focused on Innovation
UK Parliament Opens Inquiry Into Transport Barriers Facing Young Jobseekers
Home Builders Federation Calls for Lower Costs as New UK Government Sets Housing Priorities
Andy Burnham Meets UK Devolved Leaders to Strengthen Regional Cooperation
Andy Burnham Holds First International Calls With Trump, Macron, and Zelenskyy
Andy Burnham Reshuffles Cabinet With John Healey Appointed Chancellor of the Exchequer
Andy Burnham Government Removes VAT From Electricity Bills to Cut Household Costs
Andy Burnham Becomes United Kingdom Prime Minister After Sir Keir Starmer Resigns
×