TG & Ors v The Secretary of State for the Home Department

JudgeMr Justice Mould
Neutral Citation[2025] EWHC 596 (Admin)
Date14 March 2025
CounselAngus Mccullough Kc,Shu Shin Luh,Ben Amunwa,Sarah Dobbie,Alex Goodman Kc,Miranda Butler,Lisa Giovannetti Kc,David Manknell Kc,Sian Reeves,Edward Waldegrave
Year2025
CourtKing's Bench Division (Administrative Court)
Neutral Citation Number: [2025] EWHC 596 (Admin)
Case Nos: AC-2023-LON-003447
AC-2024-LON-000210
AC-2024-LON-000224
AC-2024-LON-000189
IN THE HIGH COURT OF JUSTICE
KING'S BENCH DIVISION
ADMINISTRATIVE COURT
Date: 14/03/2025
Before :
MR JUSTICE MOULD
- - - - - - - - - - - - - - - - - - - - -
Between :
(1) TG
(2) MN
(3) HAA
(4) MJ Claimants
- and –
THE SECRETARY OF STATE FOR THE HOME
DEPARTMENT
Defendant
- - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - -
ANGUS McCULLOUGH KC, SHU SHIN LUH, BEN AMUNWA AND SARAH DOBBIE
(instructed by (1) Gold Jennings (2)(3) Deighton Pierce Glynn) for the First, Second and
Third Claimants
ALEX GOODMAN KC AND MIRANDA BUTLER (instructed by Duncan Lewis LLP) for
the Fourth Claimant
LISA GIOVANNETTI KC, DAVID MANKNELL KC, SIAN REEVES AND EDWARD
WALDEGRAVE (instructed by Government Legal Department) for the Defendant
Hearing dates: 23, 24, 25 and 26 July 2024
- - - - - - - - - - - - - - - - - - - - -
Approved Judgment
This judgment was handed down remotely at 2pm on Friday 14th March 2024 by circulation
to the parties or their representatives by e-mail and by release to the National Archives.
.............................
MR JUSTICE MOULD
Judgment Approved by the court for handing down. TG, MN, HAA & MJ v SSHD (AC-2023-LON-003447) et al
MR JUSTICE MOULD :
I. Introduction Paras [1] – [6]
II. The claimant’s complaint Para [7]
III. Procedural background Paras [8] – [16]
IV. The grounds of challenge Paras [17] – [26]
V. The evidence before the court Paras [27] – [35]
VI. Approach to the evidence Paras [36] – [43]
VII. Asylum support accommodation at Wethersfield Paras [44] – [56]
VIII. The statutory framework Paras [57] – [76]
IX. The Allocation Policy Paras [77] – [96]
X. Ground 1 – Unlawful accommodation allocation process Paras [97] – [195]
XI. Ground 2 – Inadequate Accommodation Paras [196] – [259]
XII. Ground 3 – Version 11 of the Allocation Policy is unlawful Paras [260] – [322]
XIII. Ground 4 – Breach of sections 20 and 29 of the Equality Act 2010 Paras [323] – [343]
XIV. Ground 5 – Human trafficking Paras [344] – [368]
XV. Ground 6A – Breach of PSED in relation to race Paras [369] – [413]
XVI. The Individual Claims
a. TG Paras [414] – [448]
b. MN Paras [449] – [494]
c. HAA Paras [495] – [549]
d. MJ Paras [550] – [595]
XVII. Overall Conclusions Paras [596] – [597]
Introduction
1. These cases concern the defendant’s exercise of her power under section 95 of the
Immigration and Asylum Act 1999 [‘IAA 1999’] to provide support for asylum seekers
who appear to her to be destitute or likely to become so. Such support may take the form
of the provision of accommodation which appears to the defendant to be adequate to meet
the needs of the supported person. In a case in which an asylum seeker applies for support
and the defendant considers him or her to be eligible, she is under a duty to provide it.
2. In the present case, the four claimants are asylum seekers. Each of them arrived in the
United Kingdom during the course of 2023 and claimed asylum. It is not in issue that
following their arrival in this country, each of the claimants was destitute and became
eligible for support under section 95 of IAA 1999.

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