R (on the application of JK) v Secretary of State for the Home Department

Immigration – Asylum seeker. The Court of Appeal, Civil Division dismissed an application for permission to appeal a refusal of judicial review of the defendant Secretary of State's decisions setting the level of weekly support payments to asylum seekers, pursuant to ss 95 to 98 of the Immigration and Asylum Act 1999. The language of the Immigration and Asylum Act 1999 and Council Directive (minimum standards for the reception of asylum seekers) (EC) 03/9 provided for a subsistence rather than a welfare standard and proper consideration of the 'best interests' of the child neither required nor permitted the rewriting of either the Act or the Directive to provide some different and welfare driven standard.

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