If section 55 of the National Immigration and Asylum Act is overturned, the Home Office's National Asylum Support Service would have to find homes for 3000 more people as, in total, about this number of people have failed to comply with it.
The rule, introduced earlier this year, states that asylum seekers only get housing and support from the state if they apply for asylum "as soon as possible" after arriving in the UK.
On 31 July, a High Court judge ruled that section 55 contravened the European Convention on Human Rights in a case brought by three people refused housing.
The three will now be housed by NASS while their applications are processed. The Home Office would not say where they are living.
The Home Office said it would appeal against the ruling. If the appeal was thrown out, it could have far-reaching effects.
Some opponents of section 55, including homelessness charity Shelter, claim it could lead to the law being repealed entirely.
Alex Gask, a solicitor for civil rights group Liberty, said: "The government is going to have to realise any reliance on section 55 involves an inevitable breach of human rights. At some point they will realise it just doesn't work."
Jim Steinke, chief executive of the Northern Refugee Council, said: "We very much welcome this important development. It is appalling that a country which is the fourth richest in the world finds it acceptable to force people into homelessness and destitution.
"We now call on the government to repeal this harsh and inhumane measure."
Home Office minister Beverley Hughes said: "It is entirely reasonable to expect people fleeing from persecution to claim asylum as soon as reasonably practicable if they want support.
"However, we are concerned at the finding that article 3 of the European convention was breached in these cases and are therefore seeking to appeal to the Court of Appeal."
Source
Housing Today
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