MM v Secretary of State for the Home Department: AS/11/02/26412

Asylum Support Tribunal decision of Judge Storey on 8 April 2011

Refusal of Section 4(1)(a) support on the grounds that the applicant had not demonstrated any exceptional or compelling circumstances that required the respondent to exercise her discretion to provide such support. This case concerns the same appellant as in 26112 determined by the Principal Judge one month earlier. The respondent confirmed that she had not yet published her policy with regard to Section 4(1)(a) but confirms that she would only exercise her discretion to award Section 4(1)(a) support in exceptional and compelling circumstances and that destitution must be accepted before such an award could be made. The requirement to demonstrate destitution was conceded on the appellant’s behalf. Appeal dismissed on the grounds that the appellant and her daughter were both adequately supported by their local authority: destitution not proven.

Read the full decision in MM v SOS AS_11_02_26412

Published 8 February 2017