SM v Secretary of State for the Home Department: AS/18/12/38967

Asylum Support Tribunal Decision of Judge Verity Smith on 8 January 2019.

• From: HM Courts & Tribunals Service and First-tier Tribunal (Asylum Support)
• Published: 19 February 2019

• Category: Section 4(1) (support for persons who are neither an asylum seeker nor a failed asylum seeker), Section 4(2) (support for failed asylum seekers), Section 95 (support for asylum seekers)
• Sub-category: Section 4(1) - bail, Section 4(2) - destitution, Section 95 - destitution
• Judges: Smith, SV
• Landmark: Not landmark
• Reference number: AS/18/12/38967
• Decision date: 8 January 2019

Claim for support refused by the Home Office because destitution criteria not satisfied as appellant was in immigration detention.

Held: that the Principal Judge’s guidance in ASA/05/05/9315 makes it clear that accommodation in a prison cell is not adequate accommodation (for support purposes) if there is an alternative available. As the appellant had been repeatedly refused immigration bail, there was insufficient evidence to show that he would be released from detention and therefore destitute within the next 14 days.

Appeal dismissed.

Read the full decision in SM_V_SOS_AS_18_12_38967

Published 19 February 2019