Angesom's (Aman) Application and In the matter of a decision by the Secretary of State for the Home Department and the Human Rights Commission and the Equality Commission Intervening
| Jurisdiction | Northern Ireland |
| Judge | Colton J |
| Judgment Date | 18 November 2023 |
| Neutral Citation | [2023] NIKB 102 |
| Court | King's Bench Division (Northern Ireland) |
1
Neutral Citation No: [2023] NIKB 102
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: COL12288
ICOS No: 22/006236/01
Delivered: 18/10/2023
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
___________
KING’S BENCH DIVISION
(JUDICIAL REVIEW)
___________
IN THE MATTER OF AN APPLICATION BY AMAN ANGESOM
FOR JUDICIAL REVIEW
AND IN THE MATTER OF A DECISION BY
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
AND
THE NORTHERN IRELAND HUMAN RIGHTS COMMISSION
AND THE EQUALITY COMMISSION FOR NORTHERN IRELAND
INTERVENING
___________
Mr Ronan Lavery KC and Mr Robert McTernaghan (instructed by Phoenix Law
Solicitors) for the Applicant
Ms Neasa Murnaghan KC and Mr Joseph Kennedy (instructed by the Crown Solicitor’s
Office) for the Respondent
Mr Hugh Mercer KC (jointly instructed by the NI Human Rights Commission and the
Equality Commission for NI) for the Intervener
___________
COLTON J
Introduction
[1] This application concerns the allegedly unlawful decision by the respondent,
the Secretary of State for the Home Department (“the Home Secretary”), which
resulted in the “dispersal” of the applicant to Falkirk, Scotland.
[2] This decision took place against the backdrop of an unexpected increase in the
number of individuals seeking asylum in Northern Ireland between June 2021 –
March 2022. In an attempt to increase capacity for new arrivals in Northern Ireland,
the respondent decided on 26 October 2021 to transfer a number of single male
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asylum seekers to accommodation in Scotland the following day on 27 October. The
applicant was one of the asylum seekers affected by this decision.
Factual background
[3] The applicant arrived in the United Kingdom (Northern Ireland) on 30 June
2021 and made a claim for asylum. He is an Eritrean national and does not speak or
read English. On 27 August 2021, he submitted his Personal Information
Questionnaire and a supporting statement detailing the basis of his claim for asylum.
At the time of the hearing, he was awaiting a date for his substantive interview.
[4] The applicant arrived in Northern Ireland destitute and was provided with
Immigration and Asylum Act 1999. Initially, he was accommodated in a two-bed
house in Belfast (2 July 2021 – 9 July 2021). He was subsequently moved to hotel
accommodation at 127 University Street, Belfast (9 July 2021 – 27 October 2021). On
9 September 2021, the applicant signed an Occupancy Agreement with MEARS
Housing Management, in which the parties agreed to a legal arrangement for the
provision of temporary accommodation to the applicant while his asylum claim
continued to be assessed by the Home Office. Since 2019, MEARs Housing have
been subcontracted to provide and manage asylum accommodation for Northern
Ireland, Scotland and North-East England on behalf of the respondent.
[5] Due to a sustained increase in the number of destitute asylum seekers seeking
temporary accommodation, the respondent avers that there was little to no capacity
for asylum seekers across Northern Ireland by the end of October 2021. On
25 October, the respondent considered that it would be necessary to relocate a
number of asylum seekers.
[6] On 26 October 2021, the applicant was assessed by the respondent as a
suitable candidate for dispersal to Scotland. This assessment was based on, inter
alia, the fact that the applicant was not an alleged victim of trafficking, was not
receiving ongoing medical treatment in Northern Ireland and had no immediate
family ties in Northern Ireland.
[7] The applicant received a letter notifying him of this decision that same
evening, on 26 October 2021, from MEARS Housing Management around 6pm. The
letter was not translated into the applicant’s native language, nor was an interpreter
present. The applicant, unable to read written English, could not decipher the
contents of the letter and decided that it would be best to contact his solicitor.
[8] The letter stated that the applicant would be provided with accommodation
in Scotland and that the move would take place at 11:30am the following day
(27 October 2021). The letter explained that housing is provided on a “no choice
basis” as per the Home Office policy. The letter did not specify the reasons behind
the decision to relocate the applicant to Scotland.
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