BM v Secretary of State for the Home Department: AS/14/02/31105

Asylum Support Tribunal decision of Judge Carter on 17 March 2014.

• 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)(e) - human rights / fresh reps
• Judges: Carter, G
• Landmark: Not landmark
• Reference number: AS/14/02/31105
• Decision date: 17 March 2014

Discontinuance of Section 4 support. Refusal of further submissions ended Regulation 3(2)(e) entitlement to support and a pre-action protocol letter warning of possible judicial review proceedings had been responded to. R (NS) v FTT and SSHD [2009] EWHC 3819 (Admin) considered and AS/12/07/28659 distinguished. Entitlement to support does not automatically continue for the whole 3 month period in which action by way of judicial review might be contemplated - evidence of tangible steps taken is required to satisfy Regulation 3(2)(e). In the absence of such evidence destitution may be avoided by taking steps to leave the UK.

Read the full decision in BM v SOS AS_14_02_31105

Published 8 February 2017