Section 95 of the Immigration and Asylum Act 1999, read together with Regulations, imposes a duty on the Home Secretary to provide “ support” for asylum seekers who appear to her to be, or to be likely to become destitute. Someone who does not have adequate accommodation is destitute. Support includes accommodation. Under Section 98 she is under a duty to provide temporary support in the form of accommodation to an asylum seeker, as defined, who appears to be destitute, until a Section 98 decision is taken.
Cases brought by Ipswich Borough Council and East Riding of Yorkshire Council (2022) EWHC 2868 (KB) concerned the lawful planning use Hotels for which the Councils were local planning authority. The Councils sought to take planning enforcement action. This was on the basis that use to accommodate asylum seekers would involve the use of the buildings as a hostel, rather than a hotel, and thereby a material change of use without planning permission and a breach of planning control. However, Holgate J refused the Councils injunctions under Section 187B of TCPA 1990. Read more »