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Permission has been granted to challenge the Home Office’s in respect of the unsuitable accommodation provided to an asylum seeker with multiple complex physical and mental health conditions.

The client, an asylum seeker from Qatar, was granted asylum support under Section 95 of the Immigration and Asylum Act 1999.

She was diagnosed with Postural Orthostatic Tachycardia Syndrome (POTS), hyperactive thyroid, hypertension, and chronic hip pain.

Despite her intense symptoms and complex treatment needs, the accommodation provided to her featured frequent fire alarm evacuations—occurring multiple times per week. These disruptions exacerbated her POTS symptoms, heightened her hypertension, and significantly worsened her overall health.

Duncan Lewis Public Law Director Satvir Sahota is leading the legal challenge, seeking to ensure that the client's accommodation is appropriate for her medical needs.

This case highlights the ongoing struggle for vulnerable individuals to access suitable asylum support and accommodation.

Given her financial circumstances, she was compelled to eat the meals provided by the hotel and these were unsuitable given her health conditions but deemed ‘nutritionally balanced’ by the Home Office.

The client asked for self-contained accommodation, however, the Home Office maintained that the accommodation provided was suitable despite the vast amount medical documents confirming her complex health conditions.

A Judicial Review claim was issued at the Administrative Court on  June 28, 2024, challenging the Home Office failure to consider her personal circumstances and the ongoing failure to provide the client suitable accommodation under Section 95.

Honourable Mr Justice Foxton granted permission to proceed with judicial review on November 8, 2024, on the basis that the Home office had failed to take into account the client’s individual circumstances and health conditions.

He further stated In respect of the Claimant’s continued accommodation in “short- term” accommodation after 15 months, in circumstances in which it is arguable that, given the claimant’s health conditions, accommodation which may have been “adequate” on a short-term basis cannot be viewed so after this amount of time.

Director Satvir Sahota and caseworker Tahera Lakha instructed barrister Steven Galliver-Andrew, of Garden Court Chambers.

Satvir has extensive experience in handling complex immigration cases and ensuring the rights of vulnerable individuals are protected. For advice in any immigration or human rights matter contact her via email at satvirm@duncanlewis.com or telephone her on 020 7923 8480.

Our Public Law Team

Duncan Lewis’ Public Law team, ranked in Chambers & Partners and The Legal 500 UK directories, has a broad practice representing both privately and publicly funded (legal aid) clients in matters involving immigration; asylum and human rights and deportation matters, with a niche practice in immigration and civil liberties claimant judicial review matters. They have significant practice in challenging delays in Home Office decision-making, unlawful immigration detention cases with high net claims for damages and challenging immigration removal decisions, particularly third country removal cases.

The Legal 500 recognises Duncan Lewis' public law team as a 'Top-Tier' department in respect of its immigration and human rights work. With over 160 specialist Immigration lawyers nationwide, we bring the highest level of expertise to all immigration matters. The department has a number of highly skilled lawyers who have trained as barristers, and undertake complex appeal cases up to the Court of Appeal and the Supreme Court.