HMRC loses case over asylum seekers claiming child tax credits

The Scottish Court of Session has ruled in favour of two asylum seekers in their claim to gain child tax credits dating back six years

The Court of Session ruled that HMRC had made the ‘wrong’ decision with Lord Tyre agreeing with that HMRC’s position was ‘unlawful and irrational’ in the judicial review over husband and wife, Ali Adnan and Saima Adnan’s claim for child tax credits when they arrived in the UK as refugees in 2013.

In January 2020, the couple made a claim for child tax credit backdating to the date of their application for asylum in 2013 and in September of that same year HMRC refused their claim.

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