Young refugee spent winter on London streets due to ‘secret’ hotel eviction rule
Home Office now must give notice of its discretion to extend 28-day deadline, which it did not do for 19-year-old
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A teenage refugee has spent the winter on the streets and been subjected to two attacks after being evicted from Home Office accommodation after falling victim to unpublished “secret” rules.
The restrictions emerged during a high court challenge to a decision by the Home Office to give people who have been granted asylum just 28 days to move on from accommodation such as hotels and find a new place to live. Current rules state there is discretion to extend this period for those, such as the teenager, who have tried and failed to find their own accommodation and are at imminent risk of rough sleeping.
The high court challenge was brought because the exemptions were not being made for many of those at risk of street homelessness.
The Home Office has repeatedly confirmed its commitment to empty asylum hotels by the end of this parliamentary term. They have long been a flashpoint for anti-migrant protests. An average of 1,100 asylum seekers leave hotels every week after being granted leave to remain.
The 19-year-old Eritrean refugee, who has provided an account of forced labour in Libya after fleeing his country, was granted refugee status last August. But despite repeatedly asking a council in north London, close to his Home Office hotel, for housing help after receiving his eviction notice, he was refused.
He was evicted from his Home Office hotel on to the streets with no sleeping bag or blanket and only his jacket to keep him warm. He found a bush on a patch of land close to Willesden Junction station and began sleeping there. On two occasions he was assaulted. Both incidents are being investigated by the Metropolitan police.
“I’m alone in this world,” he told the Guardian. “I have no brother, no sister, no mother. My most important thing is my safety. I’ve given up on the whole world.”
The high court challenge, which was brought by five refugees at risk of street homelessness due to the 28-day move on period, has now been settled, with protections strengthened for this group.
During the case, it emerged that the Home Office contractor Migrant Help was using internal rules that failed to take on board the fact that the department had discretion to extend accommodation. In written documents defending the short eviction period, the Home Office said it was operating in a “febrile political context”, and that it wanted to avert opening more hotels and was preparing for a “crisis point being reached” in terms of running out of asylum accommodation.
The teenage refugee who was sleeping under the bush has now secured accommodation. Ahmed Aydeed, a lawyer at Deighton Pierce Glynn who is representing the five refugees, said: “We’re grateful the home secretary will finally stop behaving like a rogue landlord evicting people on short notice into street homelessness. This was cruel, irresponsible and wasted taxpayers’ money.”
A court order confirms that the Home Office will now have to let refugees know in writing when they receive their eviction letter that there is discretion to extend the accommodation period if they are facing street homelessness.
The order adds that “inaccurate statements verified by statements of truth were made … denying the existence or application of unpublished guidance concerning extensions and reinstatements of asylum support”.
A government spokesperson said: “Our approach is unchanged. For individuals granted leave to remain, we are committed to successfully transitioning them from asylum accommodation, whilst working with local government to mitigate the risk of homelessness.”
Home Office sources said guidance had been strengthened to support caseworkers in handling requests. A spokesperson for Migrant Help said: “All guidance used for delivering Migrant Help’s services … is approved by the Home Office. Migrant Help cannot and does not make decisions on asylum support or accommodation.”

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