Considers the position of an appellant whose asylum claim is treated by the Home Office as withdrawn by virtue of deemed absconding. A claim withdrawn in this way is not pending, but has also not been substantively refused.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).
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Published 8 February 2017