YC v Secretary of State for the Home Department: AS/09/04/19474
- Ministry of Justice, HM Courts & Tribunals Service, and First-tier Tribunal (Asylum Support)
- 8 February 2017
- Decision date:
- 6 May 2009
- Section 4(2) (support for failed asylum seekers)
- Section 4(2) - destitution
- Smith, SV
- Not landmark
- Reference number:
Asylum Support Tribunal decision of Judge Verity Smith on 6 May 2009.
Refusal of Section 4 support on the grounds that the appellant was not destitute as she had failed to demonstrate that her relationship with the father of her child had broken down. Evidence that the appellant had registered her child’s birth together with the father of her child (which contradicted her paternity questionnaire that she had had no contact with the father of the child since before the birth) was accepted. Furthermore, the address on that birth certificate shows the same address for both the applicant and the father of her child. Finding (i) that when registering the birth of a child whose parents are not married to each other, the father must be present in order for his details to be included on the birth certificate unless both parents have completed a statutory declaration or the mother had obtained a parental responsibility order made by a court (ii) therefore, that the appellant’s baby’s father was present at the time the baby’s birth was registered and rejecting the appellant’s evidence on this point.
Read the full decision in YC v SOS AS_09_04_19474
Published: 8 February 2017
Decision date: 6 May 2009