MH v Secretary of State for the Home Department: AS/05/03/9119

Asylum Support Tribunal decision of Judge Storey on 23 March 2005

• From: HM Courts & Tribunals Service and First-tier Tribunal (Asylum Support)
• Published: 8 February 2017

• Category: Section 4(2) (support for failed asylum seekers)
• Sub-category: Section 4(2) - other and Section 95 - other
• Judges: Storey, S
• Landmark: Landmark
• Reference number: AS/05/03/9119
• Decision date: 23 March 2005

Appellant fails without reasonable excuse to take reasonable steps to place themselves in a position in which they are able to leave the United Kingdom 바카라 사이트� applying Paragraph 7(A)(1)(ii) of Schedule 3 of the Nationality, Immigration and Asylum Act 2002 as amended by Section 9 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004.

Appellant바카라 사이트檚 asylum claim had been refused (together with their appeal). The appellant no longer has status in the United Kingdom and was required to leave.

Consideration given to whether or not there was a breach of the appellant바카라 사이트檚 human rights 바카라 사이트� as required by Paragraph 3 of the Schedule. Consideration of SSHD v Limbuela, Tesema and Adam [2004] EWCA Civ 540 to the facts of the appeal. Consideration of a breach of the appellant바카라 사이트檚 Article 8 rights 바카라 사이트� applying R v SSHD ex parte Razgar [2004] UKHL 27.

Article 8 right not violated. Appellant has retained a right to contact with a child 바카라 사이트� even if placed in care.

Appellant has to take reasonable steps to place himself in a position in which he is able to leave is such that it is 바카라 사이트減ersistent and unequivocal바카라 사이트� 바카라 사이트� applying R v Kensington and Chelsea ex parte Kujtim [1999] 2CCLR 340.

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Published 8 February 2017