Anybody know for definate what will happen to assylum seekers from those countries which will join the EU this weekend? Will they be allowed to claim benefits? Or not? or something else?
Carol

did you see the news story we published yesterday Benefits & support for migrants from the new EU countries

... particularly simon cox's briefing paper

there are arguments being made against the withdrawal of asylum support on EU/ECHR grounds ... we've today published a further news story

Asylum seekers from the new EU countries: An update

with a link to specimen of grounds for seeking Judicial Review from Stephen Knafler, Barrister at Two Garden Court Chambers

In addition www.asylumsupport.org.uk is reporting that -

'NASS have said that they will look again at all cases where they are withdrawing support on 30th April 2004. So all affected must make sure that all the information about the adverse effects of loss of support, the time they need to sort out the amnesty or their work, their special needs and so on is with NASS and a copy kept in case it is needed for proceedings later.

The Asylum Support Adjudicators are allowing appeals to be entered out of time (i.e. after the 2 days allowed for appealing after a decision) because of the unusual circumstances. So anyone who has been informed that they will lose their asylum support or accommodation or both should appeal to the Asylum Support Adjudicators immediately.

There are some key Asylum Support Adjudicator hearings this week, so watch this space.

At least one London borough has agreed that they must carry out a proper assessment before withdrawing support and agreed to continue support after 30/4 pending such an assessment.'

Fri 30-Apr-04 07:35 PM by shawn

Info from the Housing and Immigration Group (HIG) mailing re NASS/local auths putting withdrawal of support/evictions on hold ... plus info from Shelter re their emergency contact numbers if people should be evicted over the weekend -

Context is that Mr Justice Collins is to hear two 'test' applications on Tuesday 4 May 2004 with regard to those nationals of the new Accession States who are, at this time, already residing in this country and in receipt of support (either from NASS or Local Authorities).

NASS -

• Simon Bentley of NASS has rung Shelter to confirm that NASS accommodation providers have been instructed not to remove Accession State nationals over the Bank Holiday if they have nowhere to go.
  
  
• NASS appear to be extending support (until 16 May) for all those who have ASA appeals scheduled later next week.

• Lewisham - Dear Sirs (Shelter), I am writing in response to your letter addressed to all Chief Executives concerning the withdrawal of support to accession state nationals. Lewisham will not withdraw support until there has been an opportunity to consider the judgement of Mr Justice Collins which it is anticipated will be available next Tuesday.We are attempting to contact everyone who is currently being supported by us to confirm that this is our position.
  Yours faithfully - Georgina Nunney - for The Head of Law
  
  
• Bromley - will continue support until Justice Collins judgment in the test cases. They will be trying to contact all their agencies to make them aware of this position.
  
  
• Greenwich - I am responding on behalf of our Chief Executive, Mary Ney, to your faxed letter about the proposal to withdraw support from Accession State Asylum Seekers from 1st May. I can confirm that the London Borough of Greenwich will not be withdrawing any support from any of the 19 individuals in the Borough who may be affected. Following the Judicial Review on Tuesday, we will re-assess and review the circumstances of each person, taking a view as to their own particular needs. There will be no arbitrary withdrawal of services. If people are deemed to be ineligible for further support, we will continue to offer transitional assistance and advice until they have decided their response to their new position. The relevant out-of-hours services and their Senior Managers are on alert to any difficulties or anxieties which might be provoked by today's publicity. The contact number over the weekend is through the Council switchboard 0208 854 8888 I hope you find this response helpful. Thank you. Yours sincerely, John Nawrockyi Director of Social Services
  
  
• Camden - clients shd go to SS office and ask for ££ (although they won't admit that they are reconsidering cases.)
  
  
• Southwark - have agreed to continue interim support continues for 2 weeks for an assessment - not clear yet if this is for everyone or for just those who have made HR reps. - any further info appreciated.
  
  
• Hackney - is agreeing to provide another 14 days support to the following groups of people supported under interim provisions: 1. Those where JR proceedings/letter before action have been sent 2. Those with health or mental health problems 3. Those with children who would need child care All pending decision on Tuesday and outcome of assessments on ECHR
  
  
• Corporation of London - Dear Shelter, Your Ref:CS/A8. In response to your letter which I received today I can confirm that support to those adults and children we support from the EU Accession countries has been extended to the 4 May 2004. I can also confirm that in some cases I have extended the support for 14 working days to enable a human rights assessment to be completed. I will be considering the position of those who are due to have their support terminated on 4 May 2004 when further legal advice is available. I hope above clarifies the Corporation of London's position in this matter but please do not hesitate to contact me if you require any further information. Sharon Stockman Service Manager Children, Families & Asylum Seekers Service.
  
  
• Newham - Mary Hanlon, Deputy Manager of Asylum Project has confirmed that Newham will continue to pay for the next 14 days, and begin assessments from next Thursday. Clients need to go along there today, and from 3.30pm onwards can collect payments for next fortnight. Confirmation of what will happen beyond next 14 days will came through at some point.
  
  
• North Tyneside - have been advised to provide temporary accommodation and assess all against ECHR - it is likely they will proceed this way

more info ...

see rightsnet news story Asylum seekers from the accession countries: Withdrawal of support put on hold?

includes links to -

• Home Office letter to Local Authorities (29 April 2004) - read out in court by Mr Justice Collins - the policy to be adopted pending the hearing of the two test applications on Tuesday 4 May 2004.
  
  
• Home Office letter to accommodation providers (29 April 2004) - 'The purpose of this letter is to invoke Clause 23.5 of your contracts and to direct you not to seek to recover possession of any premises that may be occupied by EU nationals until so directed to do by NASS (the Directorate). On Tuesday 4 May NASS will commence an urgent review, on a case by case basis and will provide further direction as soon as possible and in any event within two weeks.'
  
  

    

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re putting withdrawal of support on hold -

• Havering - We can confirm that Support for Assylum Seekers from Accession States WILL NOT be withdrawn prior to Tuesday's (04 May 2004) High Court Hearing. We have been further advised by the Council's Assylum Seekers Team, that the ongoing support given to such assylum seekers will be in place for a further 14 days from Saturday 01 May 2004. If you wish to have further confirmation of the Council's position on this point, please contact Mr Patrick Zola - Assylum Team Manager.
  
  
• Islington - The Islington Asylum Seekers Service (IASS) will continue to provide support to the nationals of the 10 EU accession states until Tueday 4th May 2004. Esther Goosey Assessment Team Manager
  
  
• Enfield - my understanding is that at this authority a meeting is taking place on Tuesday of next week in order to formalise policy. We have received the advice of Counsel in order to assist us. I am told that over the bank holiday weekend cases will be treated on their merits and that no 'blanket' decision has been taken. We will have in place the usual social services emergency contacts, as known by the various local agencies, and our contact centre is in operation throughout the period.The number is 020 8379 1000. I trust this is of some assistance. Andrew Stapleton
  
  
• Southwark - Southwark Council's policy in respect of people currently receiving a service from the AsylumTeam from the EU accession countries is based on Home Office guidance issued on 1st April which confirms that accession nationals will no longer be eligible for NASS support or Interim Provisions Support. We have assessed all those accession nationals and a number will continue to receive a service under Human Rights legislation. The remaining people have been offered advice and help in finding work, in liaison with Job Centre + and the Employment Service, childcare, and applying for benefits where necessary, in line with Home Office advice, and they will be able to remain in the accommodation provided to them by the Council, taking over payment of rent from earnings/housing benefit etc. Following receipt of further advice dated 29th April, should any of those whose service has been withdrawn who find themselves in difficulty we will be able to resume service for the two weeks allowed in this further guidance. The Council's out of hours service, on 020 7525 5000, have access to a senior manager and/or the manager of our Asylum Service at all times. For
  Romi Bowen, Deputy Director of Social Services

Have you got any detailed information about the outcome of the hearings yesturday?

did a news story yesterday Asylum seekers from the accession countries: High Court victory

plus check here for more info http://www.asylumsupport.org.uk/whatsnew.htm

www.asylumsupport.org.uk report that whilst -

'Permission for judicial review was granted to D and H on two points: that it was unreasonable to expect people to lose support and find work etc on the same day and that it was a breach of human rights to cut off support ...

... a separate application brought by D for judicial review of the DWP on the grounds that the new regulations exclusing A8 nationals from benefits are illegal was refused.'

From the HIG (Housing & Immigration Group) -

'Mr. Justice Collins granted permission to both D and H to judicially review NASS decision to withdraw support - 1. on grounds that procedure unfair (of which he gave strong indication of agreement) and 2) on basis of an article 8 and 14 argument (which he is unconvinced by). He refused D's application on EU Treaty grounds to challenge the new Regs. with the DWP as defendant.

He proposed case should not be listed till Limbuela judgement which he is urging Laws LJ to issue next week if poss. He proposed case should be listed for 2 days. He would not grant interim relief/ a declaration to benefit all 2500+ families despite being pressed to do so. He expressed the hope that NASS would not evict/ withdraw support from anyone without carrying out further investigations.

Nigel Giffin QC for SSHD indicated that where NASS are contacted about cases, it would not evict/ end support. He gave the impression that there would not be blanket evictions and that NASS would consider its position generally so it is possible case may settle. He claimed that all of the 120 people who contacted NASS over the weekend had their support continued. Any accession national in need of support or rep should be advised to phone the NASS phone number 0208 633 0341 (0342 for advisers) to ask for it to be reinstated. Collins J indicated he would expect those affected to also be looking for work if appropriate.

The cases are to be listed with a 2 day time estimate, possibly with a local authority case joined or with local authority interests otherwise represented.'