PA and MA v Secretary of State for the Home Department: AS/20/09/42386 and AS/20/09/42397
Asylum Support Tribunal decision of Judge Sehba Haroon Storey on 23 October 2020
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Section 4 discontinuance on the basis of the Home Office withdrawal of the March 2020 policy to provide support due to the national lockdown imposed in response to Covid-19.
The Principal Judge concluded that the Tribunal had no jurisdiction to decide the lawfulness of the national policy to grant support nor of the withdrawal of that policy, but could determine whether the application of that withdrawal was contrary to the human rights of a particular appellant. In the case of PA and MA it was not.
Tiers 1, 2 and 3 of the second lockdown procedure in England considered. Appellants from Tiers 1 and 2, who had exhausted their immigration appeal rights, could be expected to show that they satisfied a Regulation 3(2) condition for support or take steps to leave the UK in order to resolve any destitution arising from the withdrawal of support. Tier 3 appellants are subject to very high alert and in a different position – ending support and accommodation may breach their Convention rights (and those of the general public).
PA and MA’s appeals succeeded on the exceptional grounds that each had demonstrated a pending legal challenge to the lawfulness of the withdrawal of the discretionary support policy and had issued detailed pre-action protocol letters, which remained unanswered.