EH v Secretary of State for the Home Department: AS/02/02/1872
Asylum Support Tribunal decision of Judge Storey on 26 February 2002.
Interpretation of Section 94(5) of the Immigration and Asylum Act 1999.
Section 94(5) is not intended to enable a person who has exhausted their appeal rights from qualifying as an asylum seeker entitled to Section 95 support unless they are already in receipt of such support. Interpretation of the word “continuing” in this context. Legislation is to protect applicants who applied for support at a time when they were asylum seekers but, whilst in receipt of support, they exhaust their appeal rights.
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