ES v Secretary of State for the Home Department: AS/05/04/9159
- Ministry of Justice, HM Courts & Tribunals Service, and First-tier Tribunal (Asylum Support)
- 8 February 2017
- Decision date:
- 27 April 2005
- Section 4(2) (support for failed asylum seekers)
- Section 4(2) - destitution, Section 4(2) - regulation 3(2)(a) - steps to leave, and Section 4(2) - regulation 3(2)(e) - human rights / fresh reps
- Storey, S
- Reference number:
Asylum Support Tribunal decision of Judge Storey on 27 April 2005.
Failure to provide sufficient evidence to demonstrate destitution.
Finding that there will not be a breach of the appellant’s human rights simply by refusing or discontinuing support. The appellant can avoid the risk of destitution by taking all reasonable steps to leave the United Kingdom or place himself in a position in which he is able to leave. This will entitle him to support under Regulation 3(2)(a) of the 2005 Regulations.
Section 4 – eligibility under Regulation 3(2)(a).
Read the full decision in ES v SOS AS_05_04_9159
Published: 8 February 2017
Decision date: 27 April 2005
Judges: Storey, S
Reference number: AS/05/04/9159