- Ministry of Justice, HM Courts & Tribunals Service, and First-tier Tribunal (Asylum Support)
- Decision date:
- 26 March 2013
- Section 4(2) (support for failed asylum seekers)
- Section 4(2) - regulation 3(2)(a) - steps to leave
- Smith, SV
- Not landmark
- Reference number:
Asylum Support Tribunal decision of Judge Verity Smith on 26 March 2013.
Discontinuance of Section 4 support under Regulation 3(2)(a). Held that the seven steps that the appellant had taken under Regulation 3(2)(a) satisfied the requirements under Regulation 3(2)(a) and (b) that distinguishing applicants for support under Regulation 3(2)(a) whom experienced genuine barriers to return from those who exploit known difficulties in returning to their countries of origin is a complex task and that it was difficult to establish whether this appellant’s failure to satisfy both the Eritrean and Ethiopian authorities that she was a national of either of those countries due to her inability to prove her identity was because she was withholding information that she could have in fact provided or because despite all her efforts she could prove her nationality through no fault of her own.
Read the full decision in AW v SOS AS_13_03_29636
Decision date: 26 March 2013