SM v Secretary of State for the Home Department: AS/05/12/11497
- Ministry of Justice, HM Courts & Tribunals Service, and First-tier Tribunal (Asylum Support)
- 8 February 2017
- Decision date:
- 30 December 2005
- Section 4(2) (support for failed asylum seekers)
- Section 4(2) - regulation 3(2)(e) - human rights / fresh reps
- Storey, S
- Reference number:
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  EWHC 1806; LK (AA applied) Zimbabwe  UKAIT 00159 and AW v LB Croydon and AD & Y v LB Hackney and the Secretary of State for the Home Department  EWHC 2950 considered.
Read the full decision in SM v SOS AS_05_12_11497
Published: 8 February 2017
Decision date: 30 December 2005