SK v Secretary of State for the Home Department: AS/17/01/36372
Asylum Support Tribunal decision of Judge Storey and Judge Aitken on 23 February 2018.
Discontinuance of Section 4 support – application to remain as a stateless person refused. Regulation 3(2)(e) argued, but observations also made as to the expectations of both the respondent and the supported person with regard to taking all reasonable steps to leave the U.K. - Regulation 3(2)(a). Regulation 3(2)(c) - viable route of return – also explained. With regard to Somalia the Secretary of State’s opinion is that there is a viable route of return and returns are possible.
R (on the application of NS) v FTT (SEC) [2009] EWHC 3819 (Admin) considered. A mere possibility that an appellant intends to make an application for further leave to remain is insufficient to engage Regulation 3(2)(e). Lack of corroborative evidence and multiple previous unmeritorious applications suggest that any potential claim is likely to be hopeless and abusive (see Birmingham City Council v Clue [2010] EWCA Civ 460.) Appeal dismissed.
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