Permission granted for judicial review in relation to student asylum seeker's forced relocation

A student asylum seeker has been granted permission in his judicial review proceedings after his legal team argued that the Home Office’s Allocation of Accommodation policy was incorrectly applied.

The client, a dedicated student who engages in significant voluntary work, is studying for a demanding Master's degree after being awarded a highly competitive scholarship at the University of East Anglia in Norwich. His program requires physical presence on campus several times a week, as highlighted by letters from his academic supervisors. They commend his active participation in university life and dedication to his studies. However, the Secretary of State for Home Department (SSHD) proposed relocating him to places far enough away to make attending his scholarship-funded Master's program unfeasible.

His lawyers issued a challenge on his behalf when the defendant sought to relocate him too far from Norwich.

On behalf of the client, the team outlined the grounds for judicial review, which included:

• The defendant misapplied the Home Office Allocation of Accommodation policy by failing to consider the claimant's exceptional circumstances;
• The proposed dispersal constitutes a disproportionate interference with his rights under Article 8 of the ECHR and;
• The defendant’s reliance on section 97(1)(b) of the Immigration and Asylum Act 1999 is undermined by the factors identified by the Claimant.

Following consideration of the claimant’s application for urgent consideration and interim relief, the court considered the claimant to have strong grounds for judicial review. The defendant was restrained from taking steps to disperse the claimant to accommodation outside the Norwich area until the determination of the permission application, or further order from the court.

On 15 February 2024, the High Court granted permission for judicial review.

The above content has been reproduced from a Duncan Lewis press release.