R (Limbuela) v Secretary of State for the Home Department

In the case of R (Limbuela) v Secretary of State for the Home Department, the House of Lords examined the circumstances under which the Secretary of State must provide support to asylum applicants who do not claim asylum as soon as reasonably practicable after arriving in the UK. The central issue was the interpretation of section 55(5)(a) of the Nationality, Immigration and Asylum Act 2002, which allows the Secretary of State to provide support to avoid a breach of the applicants' Convention rights under the Human Rights Act 1998. The applicants argued that the regime imposed on them, which included being denied support and prohibited from working, amounted to inhuman or degrading treatment in breach of Article 3 of the European Convention on Human Rights.

The House of Lords held that the Secretary of State is obliged to provide support under section 55(5)(a) when it is necessary to avoid a breach of the applicants' Convention rights, specifically the prohibition of inhuman or degrading treatment. The court determined that the threshold for such treatment is high but can be met in cases where an applicant faces imminent suffering due to a lack of shelter, food, or basic necessities. The court dismissed the appeals, affirming that there was sufficient evidence to conclude that the applicants faced imminent prospects of inhuman or degrading treatment, thus triggering the Secretary of State's duty to provide support.