TA v Secretary of State for the Home Department: AS/04/10/8719
Asylum Support Tribunal decision of Judge Storey on 20 October 2004.
Appellant no longer eligible for support upon the basis of having attained the status of a National Member of the European Union and European Economic Area.
Application of Article 3 of the ECHR together with consideration of the decision in Pretty v United Kingdom [2002] 2SER 97. Consideration of whether there is interference with the appellant’s Article 8 rights – considering M v London Borough of Islington [2004] EWCA 235.
Irrespective of the appellant’s ineligibility for support under Paragraph 1 of Schedule 3 of the Nationality, Immigration and Asylum Act 2002, appellant found eligible for support under Section 95 as a result of a potential breach of Article 8.
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