TA v Secretary of State for the Home Department: AS/04/10/8719
- Ministry of Justice, HM Courts & Tribunals Service, and First-tier Tribunal (Asylum Support)
- 8 February 2017
- Decision date:
- 20 October 2004
- Section 95 (support for asylum seekers)
- Section 95 - other
- Storey, S
- Reference number:
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  2SER 97. Consideration of whether there is interference with the appellant’s Article 8 rights – considering M v London Borough of Islington  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.
Read the full decision in TA v SOS AS_04_10_8719
Published: 8 February 2017
Decision date: 20 October 2004