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Dadparvar
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Scotland’s Court of Sessions, its highest civil court, ruled Wednesday to legalize lock-change evictions against failed asylum seekers.
In this case, a failed asylum seeker tenant sued a landlord that evicted the asylum seeker by changing the locks on the rental unit without a court order. The landlord served the asylum seeker an eviction notice after UK Visas and Immigration denied the asylum application. The notice threatened legal action if the tenants failed to leave the unit after June 13, 2018. However, the landlord instead changed the locks on the unit without a court order to evict the tenant who remained past June 13.
The tenant in the case argued that the eviction violated the tenant’s human rights under the European Convention on Human Rights. However, the court interpreted the European Convention to only apply to public entities. The court reasoned that the private landlord who evicted the tenant does not have a duty to protect the rights of an asylum seeker under the European Convention. Instead, the court placed the duty on the Home Secretary that funded housing accommodations for asylum seekers during the asylum process:
The post Scotland court rules failed asylum seeker lock-change evictions lawful appeared first on JURIST - News - Legal News & Commentary.
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In this case, a failed asylum seeker tenant sued a landlord that evicted the asylum seeker by changing the locks on the rental unit without a court order. The landlord served the asylum seeker an eviction notice after UK Visas and Immigration denied the asylum application. The notice threatened legal action if the tenants failed to leave the unit after June 13, 2018. However, the landlord instead changed the locks on the unit without a court order to evict the tenant who remained past June 13.
The tenant in the case argued that the eviction violated the tenant’s human rights under the European Convention on Human Rights. However, the court interpreted the European Convention to only apply to public entities. The court reasoned that the private landlord who evicted the tenant does not have a duty to protect the rights of an asylum seeker under the European Convention. Instead, the court placed the duty on the Home Secretary that funded housing accommodations for asylum seekers during the asylum process:
Under section 95 of the Immigration and Asylum Act of 1999, Scotland’s Secretary of State funds housing accommodations for asylum seekers waiting on the asylum application process. The secretary contracts private landlords to provide the accommodations during the application process. However, the secretary’s duty to provide for an asylum seeker ends when an asylum application is denied, leaving many failed asylum seekers vulnerable to lock-change eviction.
The post Scotland court rules failed asylum seeker lock-change evictions lawful appeared first on JURIST - News - Legal News & Commentary.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.