High Court Halts Eviction of Refugee Under Home Office 28-Day Rule

Home Office

A major legal development has rocked the UK government this week as the High Court issued an injunction halting the eviction of a refugee who was due to be removed from government-provided accommodation under the Home Office’s new 28-day eviction rule. The case has reignited a fierce national debate over the treatment of asylum seekers and the government’s immigration policies.

Background: The 28-Day Rule Explained

The Home Office’s controversial 28-day eviction policy gives newly recognized refugees only 28 days to vacate their asylum accommodation after being granted official refugee status. The government argues that this window is sufficient for individuals to secure housing, employment, and access to benefits.

However, humanitarian groups, charities, and refugee advocates have long criticized the policy, calling it “inhumane and unrealistic.” They argue that 28 days is far too short a time for vulnerable individuals — many of whom arrive with little to no support network — to establish themselves in a completely new environment.

The issue has been particularly severe in large cities such as London, Manchester, and Birmingham, where housing shortages make finding suitable accommodation nearly impossible within that timeframe.

The High Court’s Intervention

This week’s ruling came after lawyers representing a Sudanese refugee filed an emergency application to the High Court. The individual, who had recently been granted asylum, faced eviction from his accommodation in just a few days.

The High Court judge granted an injunction, stating that evicting the refugee without proper arrangements would cause “irreparable harm” and violate his right to adequate housing under Article 8 of the European Convention on Human Rights. The judge emphasized that government agencies have a duty of care toward recognized refugees and must ensure they are not rendered homeless.

The case is now being hailed as a potential turning point that could influence how the Home Office enforces the policy across the country.

Reaction from Refugee Support Groups

Refugee and human rights organizations have welcomed the court’s decision. The Refugee Council, in a statement, said the ruling was “a much-needed reminder that refugees deserve dignity and stability after escaping persecution.”

Enver Solomon, Chief Executive of the Refugee Council, commented:

“Forcing people out of accommodation just days after granting them safety is both cruel and counterproductive. Refugees need time to rebuild their lives, not face homelessness and despair.”

Several local charities, including Shelter and Crisis UK, also expressed relief, highlighting that many of the people evicted under the 28-day rule end up sleeping rough or relying on food banks. They are now calling on the government to extend the period to at least 56 days, aligning it with the statutory homelessness prevention duty applied to UK citizens.

Government Response

A Home Office spokesperson responded to the court ruling by stating that the department is “reviewing the judgment carefully” and remains committed to providing support for refugees transitioning out of asylum accommodation.

The spokesperson added:

“The 28-day move-on period is designed to ensure consistency across the asylum system. We are working closely with local authorities and support organizations to help refugees integrate successfully.”

Despite the statement, insiders report growing internal frustration within the Home Office as the ruling could set a legal precedent affecting thousands of similar cases.

Political Reactions

The opposition Labour Party seized on the court decision as evidence that the Conservative government’s immigration policies are “inhumane and unsustainable.” Labour’s shadow home secretary, Yvette Cooper, called the policy “morally indefensible” and urged ministers to immediately suspend evictions pending a full review.

On the other hand, Conservative MPs defending the government’s approach argue that resources must be managed responsibly, especially amid rising asylum numbers. They maintain that extending accommodation periods indefinitely could encourage dependency on the system.

However, centrist voices within the party have quietly suggested that the policy should be “reassessed to avoid legal embarrassment” and prevent further humanitarian criticism.

Human Impact: The Reality on the Ground

Beyond the politics, the consequences of the 28-day rule are deeply personal. Many refugees face complex bureaucratic challenges when transitioning from asylum status to full residency. They often lack a bank account, employment history, or references — all of which are required for renting private housing in the UK.

A recent survey by the British Red Cross found that nearly one in five refugees become homeless within a month of being granted asylum. Many end up sleeping in hostels, parks, or temporary shelters. The uncertainty and instability only compound existing trauma from war, persecution, or displacement.

A caseworker at a London refugee center described the situation as “a revolving door of vulnerability.”

“We’re seeing people go from the relief of being accepted as refugees to the despair of facing the streets just weeks later. It’s heartbreaking.”

Legal and Policy Implications

The High Court’s ruling does not strike down the policy itself but sets a strong legal precedent that could be used in future challenges. Lawyers expect that more refugees will now seek judicial review of their eviction notices.

If courts continue to rule in favor of refugees, the Home Office may be forced to revise or suspend the policy altogether. Experts predict that this case could even prompt a broader parliamentary debate about the ethics and legality of the UK’s asylum transition system.

Some legal scholars argue that the government’s reliance on short-term accommodation targets violates the Public Sector Equality Duty, which requires authorities to consider the needs of vulnerable groups.

Calls for Reform

There is growing consensus among advocacy groups and some MPs that the UK needs a more compassionate and practical system for refugee resettlement. Proposals include extending the eviction period to 56 or even 90 days, offering dedicated caseworkers, and simplifying access to benefits and housing.

Local councils, already stretched thin by housing shortages, have urged the government to provide additional funding to support newly recognized refugees and prevent homelessness.

Conclusion

The High Court’s decision to halt the eviction of a refugee under the Home Office’s 28-day rule marks a critical moment in the UK’s ongoing immigration debate. While the ruling offers temporary relief to one individual, it also exposes systemic flaws in how the country supports people granted asylum.

As the case proceeds, it could shape not only the future of UK asylum policy but also the nation’s global reputation for human rights and compassion. For now, the ruling stands as a reminder that justice and humanity must remain at the center of immigration law.

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