YY v Secretary of State for the Home Department: AS/07/02/14740
Asylum Support Tribunal decision of Judge Smith on 22 February 2007.
Refusal of Section 95 support. Meaning of Section 94(5) of the Immigration and Asylum Act 1999 discussed. The later birth of a dependant child does not operate to automatically change the status of a failed asylum seeker. Section 94(5) does not entitle those who are no longer asylum seekers to qualify for Section 95 support unless they were in receipt of that support at the time when they lost their asylum seeking status.
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