In determining whether accommodation is adequate for the purpose of Section 95(3) of the 1999 Act, the Secretary of State must have regard to whether it would be reasonable for the person to continue to occupy the accommodation. Accommodation in a prison cell does not amount to adequate accommodation and it would not be reasonable to continue to occupy that cell where there is an alternative available. However, his detention is lawful and the respondent’s refusal to grant asylum support is not a disproportionate interference with the appellant’s rights under Article 5 of the ECHR.
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Published 8 February 2017