HMA v Secretary of State for the Home Department: AS/20/08/42323

Asylum Support Tribunal decision of Judge Verity Smith on 09 September 2020

• From: HM Courts & Tribunals Service and First-tier Tribunal (Asylum Support)
• Published: 16 September 2020

• Category: Section 4(2) (support for failed asylum seekers), Section 95 (support for asylum seekers)
• Sub-category: Section 4(2) - jurisdiction, Section 95 - jurisdiction
• Judges: Smith, SV
• Landmark: Not landmark
• Reference number: AS/20/08/42323
• Decision date: 9 September 2020

Considers the position for support purposes of an appellant whose asylum claim is recorded as withdrawn by the Home Office. An asylum claim recorded as withdrawn is no longer recorded by the Secretary of State under Section 94(1): refusal of support under Section 95 upheld because the definition of an asylum seeker is no longer met. Furthermore, ineligibility for Section 4 support confirmed: there is a distinction between an asylum claim being rejected and withdrawn. An applicant whose claim for asylum is recorded as withdrawn fails to satisfy Section 4(2)(b) as his/her claim for asylum has not been rejected.

Read the full decision in HMA v SOS AS_20_08_42323

Published 16 September 2020