ES v Secretary of State for the Home Department: AS/05/04/9159

Asylum Support Tribunal decision of Judge Storey on 27 April 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) - destitution, Section 4(2) - regulation 3(2)(a) - steps to leave, Section 4(2) - regulation 3(2)(e) - human rights / fresh reps
• Judges: Storey, S
• Landmark: Landmark
• Reference number: AS/05/04/9159
• Decision date: 27 April 2005

Failure to provide sufficient evidence to demonstrate destitution.

Finding that there will not be a breach of the appellant’s human rights simply by refusing or discontinuing support. The appellant can avoid the risk of destitution by taking all reasonable steps to leave the United Kingdom or place himself in a position in which he is able to leave. This will entitle him to support under Regulation 3(2)(a) of the 2005 Regulations.

Section 4 – eligibility under Regulation 3(2)(a).

Read the full decision in ES v SOS AS_05_04_9159

Published 8 February 2017