TS v Secretary of State for the Home Department: AS/02/04/2462
Asylum Support Tribunal decision of Judge Storey on 15 April 2002.
Where fresh application for asylum is made within a period of 14 days from determination of applicant’s asylum claim, original claim should be treated as continuous throughout.
The gap between a determination of the original asylum claim and fresh application exceeds 14 days, the applicant must reapply for asylum support with effect from the date of a fresh application.
Where applicant is prevented from making a fresh application through no fault of his own (e.g. due to delay on the part of the Secretary of State), the Secretary of State should give exceptional consideration to back dating claim the date upon which the appellant requalified as an asylum seeker.
Applying Sections 94 and 95 of the Immigration and Asylum Act 1999, Regulation 2(a) of the Asylum Support Regulations 2000 together with Section 96 of the 1999 Act. R(SSHD) v Asylum Support Adjudicator and Berkadle and Perera [2001] EWHC (Admin) 881 considered.
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