CS v Secretary of State for the Home Department: AS/12/12/29244
- Ministry of Justice, HM Courts & Tribunals Service, and First-tier Tribunal (Asylum Support)
- 8 February 2017
- Decision date:
- 21 December 2012
- Section 95 (support for asylum seekers)
- Section 95 - jurisdiction
- Smith, SV
- Not landmark
- Reference number:
Asylum Support Tribunal decision of Judge Verity Smith on 21 December 2012.
Refusal of Section 5 support under Section 55 of the Nationality, Immigration and Asylum Act 2002 and Section 96. Held that refusals under Section 55 of the 2002 Act is not a decision that attracts a right of appeal under Section 103 of the Immigration and Asylum Act 1999. The AST would therefore have no jurisdiction to hear such an appeal. (ii) That in this case although Section 55 had been applied to a previous application for support it had not been applied to the appellant’s current application for support. The AST therefore had jurisdiction to hear them to consider the matter. (iii) That the joint application form for Section 4 and Section 95 support was started for the convenience of the respondent and that if the respondent is on the point of refusing an application on the basis that the applicant has applied for the wrong kind of support the respondent should, rather then refusing support, proceed to consider eligibility under the right kind of support.
Read the full decision in CS v SOS AS_12_12_29244
Published: 8 February 2017
Decision date: 21 December 2012