AS and SS v Secretary of State for the Home Department: AS/04/04/7863/7857

Asylum Support Tribunal decision of Judge Storey on 27 April 2004.

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

• Category: Section 95 (support for asylum seekers)
• Sub-category: Section 95 - other
• Judges: Storey, S
• Landmark: Landmark
• Reference number: AS/04/04/7863/7857
• Decision date: 27 April 2004

Effect of appellants having obtained the status of a National Member of the European Union and the European Union Economic Area and their entitlement to asylum support.

Application of Paragraph 1 of Schedule 3 of the Nationality, Immigration and Asylum Act 2002. Application of Articles 3 & 8 of the ECHR. Consideration of whether appellants had access to shelter and sanitary facilities – and the question of breach of Article 3 applying Pretty v United Kingdom [2002] 2SER 97 and R (T) v the Secretary of State [2002] EWCA Civ 1285.

Section 95 – effect of EU status – Articles 3 & 8.

Read the full decision in AS-SS v SOS AS_04_04_7857-7863

Published 8 February 2017