BW v Secretary of State for the Home Department: AS/05/04/9178
- Ministry of Justice, HM Courts & Tribunals Service, and First-tier Tribunal (Asylum Support)
- 8 February 2017
- Decision date:
- 4 May 2005
- Section 4(2) (support for failed asylum seekers)
- Section 4(2) - regulation 3(2)(e) - human rights / fresh reps
- Storey, S
- Reference number:
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  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
Published: 8 February 2017
Decision date: 4 May 2005