Alex Schymyck of the Garden Court Public Law Team is instructed by Hannah Baynes, Lily Weatherby and Hannah Jandu of Duncan Lewis Solicitors.
The High Court has granted permission to apply for judicial review to challenge the Secretary of State for the Home Department’s decision to move a father, who is currently accommodated by the Home Office in asylum support accommodation, away from his two children.
In the permission decision, Hugo Keith KC, sitting as a deputy High Court judge, observed that the decision-letter was “conspicuous for its lack of reasoning” and granted permission on all grounds. The judge also maintained interim relief preventing the Home Office from moving the Claimant to accommodation a long distance away from his children, which was previously granted by Mr Justice Morris. The claim, R (AUW) v Secretary of State for the Home Department, will now continue to a final hearing.
The case raises important issues concerning how the Secretary of State for the Home Department should consider the best interests of children and the potential breach of the right to a private and family life under Article 8 ECHR when making decisions about where asylum-seekers should be accommodated.
