About: R. (Adam, Limbuela and Tesema) v. Secretary of State for the Home Department

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R. (Adam, Limbuela and Tesema) v. Secretary of State for the Home Department was a case decided on 3 November 2005 by the UK House of Lords that determined whether or not a delay in initiating an application to seek asylum limited an individual from receiving access to state relief. Furthermore, the case questioned whether this denial of state relief constituted a breach of the European Convention on Human Rights 1950 ('ECHR').

Attributes	Values
rdfs:label	R. (Adam, Limbuela and Tesema) v. Secretary of State for the Home Department (en)
rdfs:comment	R. (Adam, Limbuela and Tesema) v. Secretary of State for the Home Department was a case decided on 3 November 2005 by the UK House of Lords that determined whether or not a delay in initiating an application to seek asylum limited an individual from receiving access to state relief. Furthermore, the case questioned whether this denial of state relief constituted a breach of the European Convention on Human Rights 1950 ('ECHR'). (en)
name	R. v. Secretary of State for the Home Department (en)
foaf:depiction
dcterms:subject	Statelessness 2005 in case law House of Lords cases Immigration case law
Wikipage page ID	60359127 (xsd:integer)
Wikipage revision ID	1082953754 (xsd:integer)
Link from a Wikipage to another Wikipage	Pretty v United Kingdom Lord Brown of Eaton-under-Heywood Beverley Hughes Home Office House of Lords Human rights Intervention (law) Lord Bingham of Cornhill Angola Sudan Royal assent Statelessness Administrative Court (England and Wales) Jurisdiction Ethiopia 2005 in case law Baroness Hale of Richmond Judicial functions of the House of Lords Judicial review in English law Asylum seeker Court of Appeal (England and Wales) House of Lords cases Immigration case law Economic, social and cultural rights Article 3 of the European Convention on Human Rights Civil and political rights Human rights in the United Kingdom Inhuman or degrading treatment Shelter (charity) European Convention on Human Rights Nationality, Immigration and Asylum Act 2002 England and Wales Court of Appeal Lord Scott of Foscote Lord Hope of Craighead
Link from a Wikipage to an external page	https://www.escr-net.org/sites/default/files/Decision%20Limbuela%20%28en%20ingles%29.pdf
sameAs	R. (Adam, Limbuela and Tesema) v. Secretary of State for the Home Department R. (Adam, Limbuela and Tesema) v. Secretary of State for the Home Department
transcripts	https://www.escr-net.org/sites/default/files/Decision%20Limbuela%20%28en%20ingles%29.pdf
dbp:wikiPageUsesTemplate	dbt:Citation_needed dbt:Italic_title dbt:Orphan dbt:Reflist dbt:Rp dbt:Use_dmy_dates dbt:English_law_types dbt:Infobox_court_case dbt:Immigration_to_Europe
thumbnail	wiki-commons:Special:FilePath/Palace_of_Westminster,_London_-_Feb_2007.jpg?width=300
citations	[2005] UKHL 66 (en)
court	Judicial functions of the House of Lords
judges	Lord Brown of Eaton-under-Heywood Lord Bingham of Cornhill Baroness Hale of Richmond Lord Scott of Foscote Lord Hope of Craighead
has abstract	R. (Adam, Limbuela and Tesema) v. Secretary of State for the Home Department was a case decided on 3 November 2005 by the UK House of Lords that determined whether or not a delay in initiating an application to seek asylum limited an individual from receiving access to state relief. Furthermore, the case questioned whether this denial of state relief constituted a breach of the European Convention on Human Rights 1950 ('ECHR'). The Home Office refused the claimants state support under Section 55 of the Nationality, Immigration, and Asylum Act 2002, under the basis that the asylum seekers did not make their claim as soon as reasonably practical. Article 3 of the ECHR prohibits torture, inhuman or degrading treatment and/or punishment of individuals. In this case, the court observed that due to this refusal of state support, Yusif Adam, Wayoka Limbuela and Binyam Tefera Tesema were exposed to the risk of being homeless, were without access to food and were prevented from working while waiting for their application to be processed. These circumstances were thus considered to be an Article 3 violation, and led the House of Lords to dismiss the Appeal with costs and grant state relief to the claimants under Section 55(5) of the Act. Following this judgment, asylum seekers who apply late may receive accommodation and financial support if the alternative is a real risk of destitution and a violation of human rights. (en)
date decided	2005-11-03 (xsd:date)
prior actions	England and Wales Court of Appeal [2004] EWCA Civ 540 (en)
prov:wasDerivedFrom	wikipedia-en:R._(Adam,_Limbuela_and_Tesema)_v._Secretary_of_State_for_the_Home_Department?oldid=1082953754&ns=0
page length (characters) of wiki page	20078 (xsd:nonNegativeInteger)
foaf:isPrimaryTopicOf	wikipedia-en:R._(Adam,_Limbuela_and_Tesema)_v._Secretary_of_State_for_the_Home_Department
is foaf:primaryTopic of	wikipedia-en:R._(Adam,_Limbuela_and_Tesema)_v._Secretary_of_State_for_the_Home_Department

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