[2025] EWCA Civ 1134

For an understanding of the context of the SSHD’s application for party status in this case, it is important to note the range of powers and duties towards asylum seekers which she possesses; these specifically include the duty to provide “support” for asylum seekers and their dependants who appear to the SSHD to be, or to be likely to become, “destitute” within 14 days. These duties are contained within section 95 of the 1999 Act, read together with regulation 5 of the Asylum Seekers (Reception Conditions) Regulations 2005 (SI 2005 No.7). Although section 95 uses permissive language (“may provide”), in practice, once the criteria are met, the SSHD is under a public law duty to exercise the power.

By section 95(3) of the 1999 Act, a person is destitute if they do not have adequate accommodation; “support” in section 95 plainly includes accommodation. By section 94(1) of the 1999 Act, an asylum seeker for these purposes is someone who has made a claim that it would be contrary to the Refugee Convention or Article 3 of the European Convention on Human Rights (“ECHR”) to remove them from the UK. Pursuant to section 98 of the 1999 Act, the SSHD is under a duty to provide temporary support in the form of accommodation to an asylum seeker who appears to be destitute until a decision under section 95 of the 1999 Act is taken.