MMA v Secretary of State for the Home Department: AS/11/06/26857

Asylum Support Tribunal decision of Judge Storey on 24 August 2011.

• 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) - regulation 3(2)(e) - human rights / fresh reps
• Judges: Storey, S
• Landmark: Landmark
• Reference number: AS/11/06/26857
• Decision date: 24 August 2011

Discontinuance of Section 4 support under Regulation 3(2)(e). Held that the Principal Judge’s decision in 26681 sets out the correct test where for applications before the European Court of Human Rights (ECTHR) seeks to trigger eligibility under Regulation 3(2)(e) namely: (a) the exhaustion of all domestic remedies; (b) that the application to the ECTHR is individuated and fully reasoned; (c) that the application must have substance. Held that there was no requirement that removal directions had been set to trigger eligibility under Regulation 3(2)(e).

Read the full decision in MMA v SOS AS_11_06_26857

Published 8 February 2017