EH v Secretary of State for the Home Department: AS/02/02/1872
- Ministry of Justice, HM Courts & Tribunals Service, and First-tier Tribunal (Asylum Support)
- 8 February 2017
- Decision date:
- 26 February 2002
- Section 95 (support for asylum seekers)
- Section 95 - dependants
- Storey, S
- Reference number:
Asylum Support Tribunal decision of Judge Storey on 26 February 2002.
Interpretation of Section 94(5) of the Immigration and Asylum Act 1999.
Section 94(5) is not intended to enable a person who has exhausted their appeal rights from qualifying as an asylum seeker entitled to Section 95 support unless they are already in receipt of such support. Interpretation of the word “continuing” in this context. Legislation is to protect applicants who applied for support at a time when they were asylum seekers but, whilst in receipt of support, they exhaust their appeal rights.
Read the full decision in EH v SOS AS_02_02_1872
Published: 8 February 2017
Decision date: 26 February 2002