MG v Secretary of State for the Home Department: AS/17/05/36760
Asylum Support Tribunal Decision of Judge Lewis on 12 May 2017
Refusal of Section 95 support – where the circumstances claimed to lead to destitution substantially overlap with the substance of an undetermined asylum claim, the judge in the support appeal will do no more than evaluate whether the evidence can be characterised as clearly abusive or manifestly unfounded. To evaluate the substance of the asylum claim in the support appeal, prior to it being substantively considered by an immigration caseworker, may interfere with an appellant’s ability to put their asylum claim (particularly given the differing standards of proof that apply to support and asylum claims.)
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