The Home Office has updated its guidance on Ceasing asylum support following a recent decision by the Asylum Support Tribunal, to explicitly allow a right of appeal against the decision to cease support where the asylum claim has been withdrawn.

The new section is on page 8:

In light of the First-Tier Tribunal’s decision in MAH & Ors -v- Secretary of State for the Home Department, the decision to cease support where the asylum claim has been withdrawn attracts a right of appeal under Section 103 of the 1999 Act to the First-tier Tribunal (Asylum Support). The decision letter must advise the person of their right of appeal and provide information about how to appeal and enclose the forms needed to make an appeal. The right of appeal is against the decision to cease support only; it is not a right of appeal against the decision to withdraw the asylum claim.

Should an applicant wish to challenge the decision to withdraw their asylum claim, they should request the Home Office to review that decision. The process of how a withdrawal decision can be challenged and circumstances under which a withdrawal can be cancelled are outlined in Withdrawing asylum claims guidance.

This leaves out the bit where the tribunal said that it can consider whether the underlying withdrawal was lawful. It is also worth remembering that in MAH one of the appellants did try the Home Office review process, to no avail. Review should not be pursued instead of an appeal where there is a risk of missing the deadline, but it would probably be sensible to make the request alongside an appeal. Asylum Support Appeals Project have a variety of useful resources on preparing and running asylum support appeals.

Interested in refugee law? You might like Colin's book, imaginatively called "Refugee Law" and published by Bristol University Press.

Communicating important legal concepts in an approachable way, this is an essential guide for students, lawyers and non-specialists alike.

Buy now