Afghan Asylum Seeker Moved from Wethersfield Following Legal Challenge by Simpson Millar

Posted on: 1 min read
Shalini Patel

Head of Education, Public Law and Human Rights

Share Article:

A 25-year-old Afghan asylum seeker has been relocated from Wethersfield Accommodation Centre following a legal challenge brought by Simpson Millar’s Public Law and Human Rights team.

The individual, who fled Afghanistan fearing persecution, had been diagnosed with moderate post-traumatic stress disorder (PTSD) and assessed as being at high risk of suicide and serious self-harm. Despite this, the Home Office refused to move him, relying on an assessment from its own medical adviser who had not examined him in person.

However, he has now been moved to more suitable accommodation. A decision that was made after legal action was launched by Simpson Millar on behalf of the man.

Shalini Patel, Head of Public Law and Human Rights at Simpson Millar, said: “This case is yet another example of the Home Office’s failure to properly assess and accommodate vulnerable asylum seekers. Despite clear medical evidence, our client was forced to endure conditions that worsened his health, leaving legal action as the only option to secure his relocation.”

TrustpilotStarsWe're ratedExcellent

High Court Ruling on Wethersfield Conditions

His removal comes just days before the High Court ruled that the Home Secretary acted unlawfully in housing vulnerable asylum seekers at Wethersfield.

The ruling, handed down last Friday, found that three asylum seekers’ mental health had significantly deteriorated at the site, and that the Home Secretary failed to fulfil her Public Sector Equality Duty (PSED) when amending asylum accommodation policies. However, the Court did not issue a general order on Wethersfield, meaning individual legal challenges remain necessary.

Shalini Patel, who worked on the High Court case prior to moving roles and joining Simpson Millar, added: “The High Court ruling in relation to the three men confirms what campaigners have been saying for months—Wethersfield is unsuitable for vulnerable asylum seekers. Yet, without a broader order, cases like this will continue to be necessary to challenge unlawful decisions on an individual basis.”

Wethersfield has been widely criticised for its “prison-like” conditions, with reports of high levels of mental distress, suicide attempts, and serious health risks. Campaigners continue to call for its closure, arguing that it is wholly unsuitable for housing vulnerable asylum seekers.

Simpson Millar’s Public Law and Human Rights team continues to advocate for the rights of asylum seekers and others affected by unlawful decisions.

Our clients rate us asExcellentStars4.6 out of 5 based off 2883 reviewsTrustpilot

References:

Council, B.D. (2024). Updates: Wethersfield Airfield Asylum Accommodation – Braintree District Council. [online] Braintree District Council. Available at: https://www.braintree.gov.uk/wethersfieldairfield

www.simpsonmillar.co.uk. (2023). Human Rights Lawyers | Public Law | Simpson Millar Solicitors. [online] Available at: https://www.simpsonmillar.co.uk/public-law-and-human-rights/.

NHS (2022). Post-traumatic Stress Disorder. [online] nhs.uk. Available at: https://www.nhs.uk/mental-health/conditions/post-traumatic-stress-disorder-ptsd/overview/.

Home office (2019). Home Office. [online] GOV.UK. Available at: https://www.gov.uk/government/organisations/home-office.

Simpsonmillar.co.uk. (2019). Shalini Patel. [online] Available at: https://www.simpsonmillar.co.uk/our-people/shalini-patel/.

Courts and Tribunals Judiciary (2023). High Court. [online] Courts and Tribunals Judiciary. Available at: https://www.judiciary.uk/courts-and-tribunals/high-court/.

GOV.UK (2023). Secretary of State for the Home Department - GOV.UK. [online] www.gov.uk. Available at: https://www.gov.uk/government/ministers/secretary-of-state-for-the-home-department.

Equality and Human Rights Commission (2022). The Public Sector Equality Duty (PSED) | EHRC. [online] www.equalityhumanrights.com. Available at: https://www.equalityhumanrights.com/guidance/public-sector-equality-duty-psed.

GOV.UK. (n.d.). Allocation of asylum accommodation policy (accessible). [online] Available at: https://www.gov.uk/government/publications/asylum-accommodation-requests-policy/allocation-of-asylum-accommodation-policy-accessible.

Shalini Patel

Head of Education, Public Law and Human Rights

Areas of Expertise:
Public Law & Human Rights

Shalini leads her departments, shaping the team’s strategy with a focus on ensuring effective legal support is delivered. She has a strong track record of representing vulnerable individuals against government actions, particularly in cases involving human rights violations. Her notable legal actions include leading significant cases against public authorities, influencing policy changes, and fighting for the rights of those affected by unfair treatment. This experience has equipped her with profound insights into tackling complex legal challenges, especially in cases related to  public law and human rights.

Want to speak with our Public Law and Human Rights Solicitors?

Fill out your details and one of our team will call you back or call us now on 0808 239 1344

This data will only be used by Simpson Millar in accordance with our Privacy Policy for processing your query and for no other purpose