CME v Secretary of State for the Home Department: AS/18/12/39001
Asylum Support Tribunal Decision of Judge Verity Smith on 9 January 2019.
Section 4 application rejected by the Home Office on the grounds that the claimant was not a failed asylum seeker: her claim for asylum had been withdrawn. Furthermore, by virtue of her withdrawn claim she was no longer an asylum seeker and therefore not eligible for section 95 support despite her two dependent minor children.
Held: by application of R (VC) v Newcastle City Council and SSHD [2011] EWHC 2673 Admin, a claimant for asylum support has the right to be treated as an asylum seeker by virtue of section 94(5) of the Immigration and Asylum Act 1999 despite her claim for asylum no longer being under consideration with the Home Office if she had a dependent child in her household at all times. The entitlement to be treated as an asylum seeker only comes to an end when the youngest child turns 18 or the claimant leaves the UK.
Appeal allowed
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