Immigration Detention Centre - on remand?

Hi All,

I’m trying to work out whether one of our tenants has any case to argue for Housing Benefit as a prisoner on remand and any thoughts would be appreciated.

From what I know, it’s been decided that the tenant should be deported to his Eastern European country of origin.  He’s disputing that he should be deported and is awaiting a judicial review of that decision.

So for Housing Benefit is his status:

a convicted prisoner?
a prisoner on remand?
not a prisoner and something else entirely?

Any ideas?

Mairi

Hi Mairi this is very similar to a case I posted last week.  The difficulties are what are his status? It does seem unfair that he can be penalised when he may succeed in an appeal to stay in the UK.  However, he is no longer a worker. In the case I posted he was a single man, so had no rights as a family member but I would advise you to see if you can establish any right to reside on that basis.  As you can see from my post, I fell back on Essa ([2013] UKUT 00316 (IAC) but it has more to do with retrospectively counting time in prison towards permanent residence so I don’t know how it will stand up at present.  Ruth

Thanks Ruth.

I think I wasn’t even seeing the wood for the trees as I had only started to consider his status for benefits after posting.  Your post has been really useful in helping to clarify the way forward.

Mairi