- Ministry of Justice, HM Courts & Tribunals Service, and First-tier Tribunal (Asylum Support)
- Decision date:
- 20 July 2007
- Section 4(2) (support for failed asylum seekers)
- Section 4(2) - regulation 3(2)(a) - steps to leave and Section 4(2) - regulation 3(2)(c) - no route of return
- Storey, S
- Reference number:
Asylum Support Tribunal decision of Judge Storey on 20 July 2007.
Refusal of Section 4 support. Opinion of the Secretary of State that there is a viable route of return is a country-wide policy and is unassailable under Regulation 3(2)(c). Regulation 3(2)(a) imposes an objective test of reasonableness in respect of the steps being taken to leave. Questions of the risk of taking such steps should be addressed by making a fresh asylum claim and not considered by the Tribunal under Regulation 3(2)(a). GH v Secretary of State for the Home Department  EWCA Civ 1182; AK v Secretary of State for the Home Department  EWCA Civ 1117 and Gedow & Ors v Secretary of State for the Home Department  EWCA Civ 1342 considered. Regulation 3(2)(a) and/or (c) not satisfied.
read the full decision in AA v SOS AS_07_07_15572
Decision date: 20 July 2007
Judges: Storey, S
Reference number: AS/07/07/15572