- Ministry of Justice, HM Courts & Tribunals Service, and First-tier Tribunal (Asylum Support)
- Decision date:
- 31 July 2013
- Section 4(2) (support for failed asylum seekers) and Section 95 (support for asylum seekers)
- Section 4(2) - jurisdiction and Section 95 - jurisdiction
- Carter, G
- Not landmark
- Reference number:
Asylum Support Tribunal decision of Judge Carter on 31 July 2013.
Considers the position of an appellant whose asylum claim is treated by the Home Office as withdrawn by virtue of deemed absconding. A claim withdrawn in this way is not pending, but has also not been substantively refused. Any new claim is treated as further submissions under paragraph 353 of the Immigration Rules. No qualification for Section 95 or Section 4(2) support because not an asylum seeker or a failed asylum seeker. Refusal of Support under Section 95 upheld, but grant of support under Section 4(1)(a) substituted (conceded by the Home Office).
Read the full decision in AH v SOS AS_13_07_30183
Decision date: 31 July 2013
Judges: Carter, G
Landmark: Not landmark
Reference number: AS/13/07/30183