YI v Secretary of State for the Home Department: AS/13/07/30154
Asylum Support Tribunal decision of Judge Verity Smith on 26 July 2013.
Refusal of Section 4(1) support on the grounds that the appellant had no demonstrated exceptional or compelling circumstances as to why the respondent should be obliged to offer support under Section 4(1) are on the grounds that he was not destitute. Held that destitution needed to be demonstrated before consideration of support under Section 4(1)(a) could be made citing the Principal Judge’s decisions of 26112, 24612, 28892 and 28780. Distinguished Section 4(1)(a) and (b) support from Section 4(1)(c): Section 4(1)(a) and (b) support require exceptional and compelling circumstances before an award can be made. Section 4(1)(c) support requires release from immigration detention on bail and the grant of bail by an Immigration Judge. Held that he had not demonstrated any exceptional and compelling circumstances: he had been here for 18 years and for 16 of those years he had purported to be a Nigerian citizen. Only following his detention after 16 years in the UK did he purport to be a citizen of South Sudan. Also held that he did not satisfy support under Section 4(2) by application of Regulation 3(2)(e) and the application of Birmingham City Council v Amalea Clue and SSHD and Shelter [2010] EWCA Civ 460.
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