BM v Secretary of State for the Home Department: AS/14/02/31105
Asylum Support Tribunal decision of Judge Carter on 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.
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