MMA v Secretary of State for the Home Department: AS/11/06/26857
- Ministry of Justice, HM Courts & Tribunals Service, and First-tier Tribunal (Asylum Support)
- 8 February 2017
- Decision date:
- 24 August 2011
- 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 24 August 2011.
Discontinuance of Section 4 support under Regulation 3(2)(e). Held that the Principal Judge’s decision in 26681 sets out the correct test where for applications before the European Court of Human Rights (ECTHR) seeks to trigger eligibility under Regulation 3(2)(e) namely: (a) the exhaustion of all domestic remedies; (b) that the application to the ECTHR is individuated and fully reasoned; (c) that the application must have substance. Held that there was no requirement that removal directions had been set to trigger eligibility under Regulation 3(2)(e).
Read the full decision in MMA v SOS AS_11_06_26857
Published: 8 February 2017
Decision date: 24 August 2011