When "home" is the airport

Mr T arrived from Malaysia on 4 March and claimed asylum on 10 March. But the secretary of state decided that he had not claimed as "soon as reasonably practicable" and so was not entitled to support or housing from the National Asylum Support Service.

After unsuccessful attempts to find shelter, T went back to Heathrow airport where he then lived, sleeping in the lounges, using the washrooms and keeping his belongings in a holdall.

The secretary of state had power to assist T if necessary to prevent his human rights from being infringed. T claimed his right to freedom from inhuman or degrading treatment (Article 3 of the Human Rights Act Schedule 1) was being breached: he found it difficult to sleep or rest because of the noise and lights and because the police moved him on; he was worried, demoralised and humiliated and he developed an eye infection for which he had not had medical treatment.

The Court of Appeal decided that his condition was not degrading or inhuman and not verging on that condition. The secretary of state had been entitled to refuse to help him. The Court did ask the Home Office to look again at T's case as the evidence suggested he may have been (or become) mentally ill.