Question to the Home Office:

To ask the Secretary of State for the Home Department, with reference to the order of the High Court of 2 November directing her Department to continue to provide accommodation under section 4 of the Immigration and Asylum Act 1999 to former asylum-seekers, whether departmental staff have been instructed to (a) cease to issue new discontinuation notices to persons to whom the order applies and (b) withdraw (i) notices under appeal and (ii) other such notices where they have not yet led to withdrawal of accommodation.

The High Court on 2 November 2020 issued an Interim Order to pause decisions on support for failed asylum seekers.

Departmental staff have been instructed to cease issuing new discontinuation notices to persons to whom the Interim order applies.

The Home Office has withdrawn from appeals lodged as a result of a negative cessations notification letter issued prior to the Interim Order and have continued to provide accommodation and support to those affected. We have also instructed contractors to pause cases that were being implemented at the time that this order came into effect.

Providers have been instructed not to implement Notices to Vacate (NTV) for negative cessations. These instructions have been cascaded to Provider staff and we remain in close contact.

Appeals lodged to the Asylum Support Tribunal regarding cessations of support that do not meet the criteria in the Interim Order will continue to be defended by the Home Office.