RB v Secretary of State for the Home Department: AS/04/04/7885
Asylum Support Tribunal decision of Judge Storey on 29 April 2004.
Effect of the appellant attaining the status of a National Member of the European Union and European Economic Area in determining whether this will cease ineligibility for asylum support.
Application of Paragraph 1 of Schedule 3 of the Nationality, Immigration and Asylum Act 2002.
Application of Article 3 of the ECHR together with application of the decision in Pretty v United Kingdom [2002] 2SER 97. Consideration of Article 8 in this context.
Held effect of Paragraph 1 & 5 of Schedule 3 renders not only the appellant and his wife as eligible for support but also their two year old child. Consideration has to be given as to how the child is to be accommodated such as by way of care proceedings. Remitted in order that the Secretary of State could consider potential breaches of the appellant’s Convention Rights having conducted a balancing exercise under Article 8.
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