Case Law
*R (on the application of VC and others) v Newcastle City Council; R (on the application of K) v Newcastle City Council
Case date: 24 October 2011
Section95 of the Immigration and Asylum Act 1999 provides, so far as material: “(1) The Secretary of State may provide, or arrange for the provision of, support for— (a) asylum-seekers, or (b) dependants of asylum-seekers, who appear to the Secretary of State to be destitute or to be likely to become destitute within such period as may be prescribed.”
Section 4 of the Immigration and Asylum Act 1999 provides, so far as material: “(2) The Secretary of State may provide, or arrange for the provision of, facilities for the accommodation of a person if— (a) he was (but is no longer) an asylum-seeker, and (b) his claim for asylum was rejected.”
Section 17 of the Children Act 1989 provides, so far as material: “(1) It shall be the general duty of every local authority (in addition to the other duties imposed on them by this Part)— (a) to safeguard and promote the welfare of children within their area who are in need; and (b) so far as is consistent with that duty, to promote the upbringing of such children by their families, by providing a range and level of services appropriate to those children's needs.”
In December 2004, K, the claimant in the second case entered the United Kingdom and claimed asylum.
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