PK v Secretary of State for the Home Department: AS/05/09/10091

Asylum Support Tribunal decision of Judge Smith on 4 October 2005.

• From: HM Courts & Tribunals Service and First-tier Tribunal (Asylum Support)
• Published: 8 February 2017

• Category: Section 95 (support for asylum seekers)
• Sub-category: Section 95 - children, Section 95 - dependants
• Judges: Smith, SV
• Landmark: Not landmark
• Reference number: AS/05/09/10091
• Decision date: 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