- Ministry of Justice, HM Courts & Tribunals Service, and First-tier Tribunal (Asylum Support)
- Decision date:
- 13 December 2013
- Section 4(1) (support for persons who are neither an asylum seeker nor a failed asylum seeker)
- Section 4(1) - temporary admission / release
- Smith, SV
- Not landmark
- Reference number:
Asylum Support Tribunal decision of Judge Verity Smith on 13 December 2013.
Refusal of Section 4(1) support. Held that the appellant had failed to demonstrate truly exceptional circumstances by way of a pending appeal to the Immigration and Asylum Chamber regarding an immigration (not asylum) matter. The Home Office’s position was that the appellant could return to Nigeria while her appeal was pending and could return to the UK if that appeal was successful and she was granted leave to enter and remain. The appellant had never made a claim for asylum or any protection based application to the Home Office. Held that the appellant’s pending immigration appeal was not a truly exceptional circumstance and it was not unreasonable to expect the appellant to leave the UK while she awaited its outcome.
Read the full decision in MK v SOS AS_13_12_30731
Decision date: 13 December 2013
Sub-category: Section 4(1) - temporary admission / release
Judges: Smith, SV
Landmark: Not landmark
Reference number: AS/13/12/30731