PK v Secretary of State for the Home Department: AS/05/09/10091
- Ministry of Justice, HM Courts & Tribunals Service, and First-tier Tribunal (Asylum Support)
- 8 February 2017
- Decision date:
- 4 October 2005
- Section 95 (support for asylum seekers)
- Section 95 - children
- Smith, SV
- Not landmark
- Reference number:
Asylum Support Tribunal decision of Judge Smith on 4 October 2005.
Refusal of Section 95 support. Meaning of Section 94(5) of the Immigration and Asylum Act 1999 discussed. The mere existence at any point in time of a dependant child does not operate to automatically change the status of a failed asylum seeker. Section 94(5) does not entitle those who are no longer asylum seekers to qualify for support unless they had a dependant child at the time when they lost their asylum seeking status.
Read the full decision in PK v SOS AS_0509 10091
Published: 8 February 2017
Decision date: 4 October 2005