TY v Secretary of State for the Home Department: AS/15/11/34507

Asylum Support Tribunal decision of Judge Storey on 22 July 2016.

Refusal of Section 95 support – whether or not the appellant was destitute in light of his declaration when applying for a student visa of large sums of money said to have been provided by his father for the purpose of study, other financial resources potentially available in his country of origin and past permitted employment.

R (Limbuela) v SSHD [2005] UKHL 66 referred to re destitution: the power of the SSHD to provide asylum support becomes, in effect, a duty to do so where the exercise of such power is necessary to avoid a breach of the applicant’s Convention rights.

Guidance given on how to assess credibility. Findings made on credibility are limited to the evidence heard and should not impact on findings of credibility in relation to future immigration hearings. The appellant misrepresented his financial status when applying for a student visa, the declared financial resources were borrowed and returned once the visa was granted. Destitution proven.

Read the full decision in TY v SOS AS_15_11_34507

Published 8 February 2017