MAA v Secretary of State for the Home Department: AS/15/05/33112
- Ministry of Justice, HM Courts & Tribunals Service, and First-tier Tribunal (Asylum Support)
- 8 February 2017
- Decision date:
- 12 February 2016
- Section 4(2) (support for failed asylum seekers)
- Section 4(2) - regulation 3(2)(b) - medical
- Storey, S
- Reference number:
Asylum Support Tribunal decision of Judge Storey on 12 February 2016.
Discontinuance of Section 4 support – medical evidence insufficient to satisfy Regulation 3(2)(b) but Regulation 3(2)(e) argued. When producing medical reports professionals should study findings made by immigration and/or appellate authorities. Findings of PTSD rejected on basis that the courts found the trauma on which these findings were made to have been fabricated. Remittal for view of Home Office medical advisors unnecessary since their role is merely to assist the decision-maker to understand the medical evidence.
Perceived risk of suicide or situational depression worsened by negative decisions on asylum or support claims does not of itself create an entitlement to support by virtue of the Human Rights Act. The Mental Health Act within UK and escorts on travel operate to ensure safety. Destitution may be avoided by co-operating with the Home Office removal process.
Read the full decision in MAA v SOS AS_15_05_33112
Published: 8 February 2017
Decision date: 12 February 2016