Social Inequalities and the Law 1 - Essay Example

However, the leave to enter in the UK with respect to Jane would have been conditional upon her and Tarzan’s intention “to live permanently” with each other as husband and wife.2 Tarzan and Jane were also required to satisfy the requirement that: Leave to enter would have been on a probationary basis since Jane and Tarzan had not been living together for four years.4 The probation will last for two years and will not be converted to indefinite leave if Jane does not satisfy the foregoing requirements.

Based upon these legal requirements and the facts of Jane’s case it is conceivable that she is on probation and will unlikely obtain indefinite leave to remain in the UK since her marriage has all but been dissolved and she is unable to take care of herself and her children without public funds. Taken into account the political crisis in Uganda, Jane may wish to seek political asylum. She will be required to place an application with the Home Office under the Nationality, Immigration and Asylum Act 2002.

5 Moreover, Jane may apply for assistance as an asylum seeker under Section 21 of the National Assistance Act 1948.6 In R (on the Application of O) v Haringey London Borough Council [2004] EWCA 535 an HIV positive mother seeking asylum was provided with accommodations by the local authorities under Section 21 of the National Assistance Act 1948. 7 The court also ruled that the mother and the entire family qualified for assistance under Section 95 of the National Assistance Act 1948 as amended in 1999.

Section 95 provides as follows: Considering the state of Jane’s marriage together with her financial situation, I would advise her that she is likely to fail her probationary leave to remain in the UK and should therefore seek political asylum. Having done so, as a person who is destitute or likely to become destitute she should apply for assistance from the Secretary of State under Section 95 of the National Assistance