FOI release

NASS support

FOI 3680 We have a received a request under the Freedom of Information Act 2000 for the following: At what stage of a case does …

Details

FOI 3680

We have a received a request under the Freedom of Information Act 2000 for the following:

  1. At what stage of a case does a client become eligible for full NASS support as opposed to section 4 support?

  2. What evidence is usually supplied by the Home Office to show that a new application has been accepted as amounting to a Fresh Claim for asylum?

  3. What evidence do NASS need that show that evidence has been produced that is sufficient to amount to a Fresh Claim for asylum?

  4. Will a letter from the Home Office suffice in proving a new case in place?

  5. Where there is difficulty in producing a letter from the Home Office, are there any circumstances where NASS would accept a fresh claim has been accepted?

  6. Where the Home Office repeatedly fail to acknowledge a fresh claim which has been lodged for some time, will evidence of repeatedly asking the Home Office for written evidence suffice to show Home Office are being obstructive?

  7. Would NASS be prepared to provide detailed reasoning for refusing section 4 support or NASS support where thorough investigations have been carried out?

  8. Would NASS accept that a fresh claim has been lodged if the applicant is still required to adhere to reporting restrictions?

  9. If the answer to 8 is positive, then would this apply in all cases, i.e. would NASS accept that there is an ongoing claim where applicant is subject to reporting restrictions?

  10. Where a fresh claim has not been accepted but an applicant has dependant children, would NASS be prepared to provide support without evidence of a fresh claim?

  11. Are there any exceptional circumstances where further representation applicants would be entitled to support?

  12. Where an application has been submitted to the Home Office and satisfies the criteria of a Fresh Claim and this can be demonstrated without any flexibility on the part of the Home Office to be able to dispute this claim, would NASS be willing to consider representations made by a solicitors firm enquiring as to the availability of full NASS support?

  13. Where an applicant has an application pending under various case law which raises a new area on which a client can not previously have had a decision (for example of the cases of AA (Zimbabwe) and Rashid (Iraq) would NASS entertain considering representations made by a solicitors firm?

  14. Where a client has a discretionary ELR application lodged under the case of R (A) (H) & (AH) could you please confirm what level of support should be provided?
    a) Would an applicant who was destitute be entitled to section 4 support?
    b) Would an applicant be entitled to NASS support?
    c) Would an applicant be entitled to any other form of support?

  15. Where an application has been made for a client on the basis of statelessness can you
    a) Would an applicant who was destitute be entitled to section 4 support? confirm what benefits the client would be entitled to?
    b) Would an applicant be entitled to NASS support?
    c) Would an applicant be entitled to any other form of support?

Published 17 July 2006