BW v Secretary of State for the Home Department: AS/05/04/9178

Asylum Support Tribunal decision of Judge Storey on 4 May 2005.

NASS (asylum support) caseworkers do not have authority to make preliminary assessments of purported fresh claims for asylum and their role is only limited (in refusing Section 4 support) to where further representations “simply rehears previously considered material or contain no detail whatsoever” – applying Home Office Policy Bulletin 71.

In the instant appeal, it was found that the decision involved an assessment of evidence which exceeded the authority of NASS caseworkers. R (Nigatu) v the Secretary of State for the Home Department [2004] UKHC 1806 considered.

Section 4 – application of Regulation 3(2) of the 2005 Regulations.

Read the full decision in BW v SOS AS_05_04_9178

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