Nadia O’Mara of the Garden Court Chambers Public Law Team represented the claimant, instructed by Lizan Ghafoor and Hannah Smith of Wilsons Solicitors.
Following an urgent application for judicial review and interim relief, the High Court has ordered the Secretary of State for the Home Department to provide the Claimant with accommodation and support, pursuant to paragraph 9 of Schedule 10 to the Immigration Act 2016.
The Claimant is a Syrian national and a verified rough sleeper. He was temporarily accommodated in a charity-provided homeless shelter, but that support was due to end, and he faced an imminent prospect of street homelessness.
The Claimant is a recognised refugee, but due to his experience of long-term homelessness, he did not apply for indefinite leave to remain in the UK before his refugee leave expired. His application for Schedule 10 support was refused on the basis that there were no legal or practical obstacles to the Claimant returning to his country of origin (Syria), and that the denial of Schedule 10 support did not constitute a breach of his human rights.
On 8 December 2024, the regime of Bashar al-Assad collapsed following an offensive by opposition forces. The very next day, the Home Office announced that all Syrian asylum interviews and decisions would be temporarily paused. The same day, the Home Office withdrew the country policy and information guidance notes on Syria.
There remains no further update; the position remains that consideration of Syrian asylum claims are paused until further notice, and no decision has been made by the Government that it is safe for Syrian nationals to return to Syria.
Urgent judicial review proceedings were issued, challenging the lawfulness of the Home Office refusal of the Claimant’s application for Schedule 10 accommodation and support. Shortly thereafter, the High Court ordered the Home Office to provide the Claimant with accommodation and support, pursuant to its obligations under Schedule 10. The Claimant has since been accommodated.
Find out more about Nadia O’Mara’s practice here. She is ranked as a ‘Rising Star’ in the Legal 500 and accepts instructions in Administrative and Public Law, Asylum & Immigration, Community Care and Education Law.
