Discusses human rights issues regarding the position of failed asylum seekers. Examines: (1) the passage of the UK Borders Act 2007; (2) the current UK legal framework including as regards the Convention relating to the Status of Refugees 1951 and the support for destitute asylum seekers; (3) the right to freedom from torture, inhuman and degrading treatment under the European Convention on Human Rights 1950 Art.3, and the "direct responsibility" of the state in view of the House of Lords decision in R. (on the application of Limbuela) v Secretary of State for the Home Department; and (4) the distinction between positive and negative obligations under Art.3.