MY v Secretary of State for the Home Department: AS/12/10/29033
- Ministry of Justice, HM Courts & Tribunals Service, and First-tier Tribunal (Asylum Support)
- Decision date:
- 31 October 2012
- Section 4(2) (support for failed asylum seekers)
- Section 4(2) - regulation 3(2)(e) - human rights / fresh reps
- Smith, SV
- Not landmark
- Reference number:
Asylum Support Tribunal decision of Judge Verity Smith on 31 October 2012.
Refusal of Section 4 support under Regulation 3(2)(e). Held by application of R (on the application of YH) v SSHD  EWHC 2174 (Admin) that the appellant was to be treated as a failed asylum seeker making fresh representations following his return to his country of persecution and subsequent return to the UK. He is not to be treated as an asylum seeker on his return. Any renewed claim he made on his return would be considered as fresh representations in relation to his old claim for asylum.
Read the full decision in MY v SOS AS_12_10_29033
Decision date: 31 October 2012
Judges: Smith, SV
Landmark: Not landmark
Reference number: AS/12/10/29033