SM v Secretary of State for the Home Department: AS/05/12/11497
Asylum Support Tribunal decision of Judge Storey on 30 December 2005.
Refusal of Section 4 support. Section 4 caseworkers do not have authority to determine asylum and immigration matters when assessing support, but may be entitled to refuse support if further representations contain no detail whatsoever or simply rehearse previously considered material. Claims are to be considered on a case by case basis and in this case the outstanding further representations were sufficient to entitle the appellant to support under Regulation 3(2)(e). R (Negatu)v Secretary of State for the Home Department [2004] EWHC 1806; LK (AA applied) Zimbabwe [2005] UKAIT 00159 and AW v LB Croydon and AD & Y v LB Hackney and the Secretary of State for the Home Department [2005] EWHC 2950 considered.
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