AT v Secretary of State for the Home Department: AS/18/10/38725
Asylum Support Tribunal decision of Judge Smith on 30 October 2018.
Claimant was detained at immigration removal centre, with bail approved in principle pending identification of suitable accommodation. Section 95 application rejected by the Home Office on the grounds that the claimant was not destitute: he enjoyed indefinite leave to remain and could access mainstream benefit once released from detention.
Held: (i) he continued to enjoy indefinite leave to remain until such leave was revoked on completion of deportation proceedings which were ongoing at the time of his AST appeal and (ii) his current eligibility for mainstream benefit took him outside the definition of destitution as defined by section 95(3) of the Immigration and Asylum Act 1999 and (iii) he was precluded from asylum support by application of Regulation 4(4) of the Asylum Support Regulations 2000. Appeal dismissed
R (on the application of AT (Guinea) v SSHD and Ft-T (SEC, Asylum Support) [2019] EWHC 2709 (Admin) upheld the AST decision at (i) and (ii) but not (iii).
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