Permission to apply for Judicial Review granted in an Equality Act 2010 challenge to the operation of asylum support

Mon, 18 Jan 2021

No5 Barrister's Chambers Nabila Mallick has obtained permission on 17th December 2020 in a claim challenging the Secretary of State for the Home Department and seeking damages under Section 15 Equality Act 2010 and Article 8 ECHR in R (on the application of Ojijwago) v SSHD CO/3978/2020.  

In granting permission on the papers, Mrs Justice Lang said;

The Claimant’s grounds for Judicial Review are cogent and arguable. After a hearing and orders by two judges, the Defendant provided suitable accommodation in Greenwich on 13th November 2020. However as the Claimant correctly submits, all the other pleaded issues, in the statement of facts and grounds remain to be determined, as well as further remedies of declarations and damages…..

Taking into account the history of this case, and the needs of the Claimant’s child, the Defendant’s conduct ‘took the situation out of the norm and justified an order for costs on an indemnity basis (See Excelsior Commercial and industrial holdings Ltd [2002] EWCA 879).'

The case concerned an asylum seeker, who had been granted asylum reception support. Once the support had been ordered to be provided, the Defendant then sought to excuse its failure to implement as the fault of its provider. When it did so implement, the accommodation was unsuitable, such that the Claimant’s child, suffering from a rare genetic syndrome - a degenerative and life limiting disorder, was caused an injury.   

If the Defendant does not settle and the Claimant is successful, she will be seeking damages for injury to feelings, exemplary and aggravated damages for her Equality Act claims and damages in just satisfaction for the Article 8 claim for any physical injury.

Nabila Mallick can be contacted or her Instructing Solicitor Ariane Ordoobadi at [email protected]

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