MAS v Secretary of State for the Home Department: AS/05/05/9315

Asylum Support Tribunal decision of Judge Storey on 7 June 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
• Judges: Storey, S
• Landmark: Landmark
• Reference number: AS/05/05/9315
• Decision date: 7 June 2005

In determining whether accommodation is adequate for the purpose of Section 95(3) of the 1999 Act, the Secretary of State must have regard to whether it would be reasonable for the person to continue to occupy the accommodation. Accommodation in a prison cell does not amount to adequate accommodation and it would not be reasonable to continue to occupy that cell where there is an alternative available. However, his detention is lawful and the respondent’s refusal to grant asylum support is not a disproportionate interference with the appellant’s rights under Article 5 of the ECHR.

Read the full decision in MAS v SOS AS_05_05_9315

Published 8 February 2017