BW v Secretary of State for the Home Department: AS/05/04/9178

Asylum Support Tribunal decision of Judge Storey on 4 May 2005.

• 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: Storey, S
• Landmark: Landmark
• Reference number: AS/05/04/9178
• Decision date: 4 May 2005

NASS (asylum support) caseworkers do not have authority to make preliminary assessments of purported fresh claims for asylum and their role is only limited (in refusing Section 4 support) to where further representations “simply rehears previously considered material or contain no detail whatsoever” – applying Home Office Policy Bulletin 71.

In the instant appeal, it was found that the decision involved an assessment of evidence which exceeded the authority of NASS caseworkers. R (Nigatu) v the Secretary of State for the Home Department [2004] UKHC 1806 considered.

Section 4 – application of Regulation 3(2) of the 2005 Regulations.

Read the full decision in BW v SOS AS_05_04_9178

Published 8 February 2017