BJ v Secretary of State for the Home Department: AS/08/06/17777
Asylum Support Tribunal decision of Judge Verity Smith on 18 June 2008.
Refusal of Section 95 support on the grounds that the applicant was not an asylum seeker.
Finding (i) that the appellant was entitled to be treated as an asylum seeker by virtue of Section 94(5) of the Immigration and Asylum Act 1999 and the presence in his household of his four minor dependent children and (ii) that, on the appellant’s return to the UK from Sweden under the terms of the Dublin Convention, he had made a claim for asylum once more, that claim had been refused and he was now a failed asylum seeker who was entitled to be treated as an asylum seeker by virtue of Section 94(5).
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