Appeal on behalf of asylum seekers who were denied support by the Secretary of State. Refusal of support. Risk of deprivation with regard to overnight accommodation, food and other basic rights (Article 3 of the European Convention on Human Rights 1950).
Asylum seekers who apply late may now receive support under Section 55 of the Nationality, Immigration, and Asylum Act 2002 if they can demonstrate that failure to provide support would expose them to a real risk of destitution. The decision in Adam has therefore ensured that many asylum seekers receive support that they would not otherwise have received.
The significance of this case lies in the recognition by the UK House of Lords that a failure by the state to provide social support which exposes an individual to a real risk of becoming destitute will in certain circumstances constitute ‘inhuman and degrading treatment’, and therefore will be contrary to Article 3 of the ECHR. It is an interesting example of how a civil and political right can be used as the basis to bring a claim to enforce socio-economic rights.