AA v Secretary of State for the Home Department: AS/07/07/15572

Asylum Support Tribunal decision of Judge Storey on 20 July 2007.

• From: HM Courts & Tribunals Service and First-tier Tribunal (Asylum Support)
• Published: 8 February 2017

• Category: Section 4(2) (support for failed asylum seekers)
• Sub-category: Section 4(2) - regulation 3(2)(a) - steps to leave, Section 4(2) - regulation 3(2)(c) - no route of return
• Judges: Storey, S
• Landmark: Landmark
• Reference number: AS/07/07/15572
• Decision date: 20 July 2007

Refusal of Section 4 support. Opinion of the Secretary of State that there is a viable route of return is a country-wide policy and is unassailable under Regulation 3(2)(c). Regulation 3(2)(a) imposes an objective test of reasonableness in respect of the steps being taken to leave. Questions of the risk of taking such steps should be addressed by making a fresh asylum claim and not considered by the Tribunal under Regulation 3(2)(a). GH v Secretary of State for the Home Department [2005] EWCA Civ 1182; AK v Secretary of State for the Home Department [2006] EWCA Civ 1117 and Gedow & Ors v Secretary of State for the Home Department [2006] EWCA Civ 1342 considered. Regulation 3(2)(a) and/or (c) not satisfied.

read the full decision in AA v SOS AS_07_07_15572

Published 8 February 2017