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).
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Published 8 February 2017