MK v Secretary of State for the Home Department: AS/13/12/30731

Asylum Support Tribunal decision of Judge Verity Smith on 13 December 2013.

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

• Category: Section 4(1) (support for persons who are neither an asylum seeker nor a failed asylum seeker)
• Sub-category: Section 4(1) - temporary admission / release
• Judges: Smith, SV
• Landmark: Not landmark
• Reference number: AS/13/12/30731
• Decision date: 13 December 2013

Refusal of Section 4(1) support. Held that the appellant had failed to demonstrate truly exceptional circumstances by way of a pending appeal to the Immigration and Asylum Chamber regarding an immigration (not asylum) matter. The Home Office바카라 사이트檚 position was that the appellant could return to Nigeria while her appeal was pending and could return to the UK if that appeal was successful and she was granted leave to enter and remain. The appellant had never made a claim for asylum or any protection based application to the Home Office. Held that the appellant바카라 사이트檚 pending immigration appeal was not a truly exceptional circumstance and it was not unreasonable to expect the appellant to leave the UK while she awaited its outcome.

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Published 8 February 2017