JS v Secretary of State for the Home Department: AS/10/03/22069
- Ministry of Justice, HM Courts & Tribunals Service, and First-tier Tribunal (Asylum Support)
- 8 February 2017
- Decision date:
- 25 May 2010
- 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 25 May 2010.
Refusal of Section 95 support on the grounds that the applicant did not currently have an outstanding claim for asylum. Held that the Principal Judge’s decision in 21325 no longer applied as that decision was made before the judgment of the Divisional Court in ZA (Nigeria) and WJ (China). Consideration given to ZT (Kosovo) and BA (Nigeria) and ZO (Somalia). Finding that an applicant is entitled to Section 95 support as an asylum seeker only once further submissions are accepted as a fresh claim pursuant to Rule 353 of the Statement of Changes in Immigration Rules (HC 395). Until such time he is a failed asylum seeker entitled to Section 4 support thereby satisfying the requirement of the EU Reception Directive.
Read the full decision in JS v SOS AS_10_03_22069
Published: 8 February 2017
Decision date: 25 May 2010