Factsheet 24: What Happens when the Home Office Withdraws an Asylum Claim?

This factsheet focuses on the impact of an implicit withdrawal on section 95 support and the right of appeal to the Asylum Support Tribunal.

An asylum claim can be withdrawn, in specific circumstances, either by the person who made the claim (an explicit withdrawal) or by the Home Office (an implicit withdrawal). The rules governing withdrawal of asylum claims are contained in Paragraph 333C of the Immigration Rules and explained in the Home Office's Withdrawing Asylum Claims guidance.  

The withdrawal of an asylum claim can have serious consequences, including for a person's entitlement to asylum support under section 95 of the Immigration and Asylum Act 1999. 

In this Factsheet:

• Overview 
• When can an asylum claim be withdrawn? 
• What happens to section 95 support after an asylum claim is withdrawn? 
• Is there a right of appeal on the decision to stop or refuse 95 support? 
• How to challenge the withdrawal of the asylum claim? 
• Action for advisers 

Overview 

When the Home Office treats an asylum claim as withdrawn people are often told that they are no longer entitled to asylum support under section 95 of the Immigration and Asylum Act 1999. 

Since 2023, there has been a significant increase in asylum claims being treated as withdrawn, particularly where people are alleged to have missed asylum interviews. In many cases, concerns have been raised about whether the Home Office followed the correct process before withdrawing the claim. 

When can an asylum claim be withdrawn? 

Asylum claim withdrawals are governed by paragraph 333C of the Immigration Rules and explained in the Home Office's Withdrawing Asylum Claims guidance.  

There are two types of withdrawal: 

1. Explicit withdrawal 

An individual may choose to withdraw their asylum claim. This usually happens where a person no longer wishes to pursue their asylum claim, for example because they decide to leave the UK or apply for leave under a different immigration route. 

The Home Office will treat an asylum claim as explicitly withdrawn where a person: 

• Signs the relevant form provided by, or on behalf of, the Home Office ‘Relevant form’ includes but is not limited to: IS101/IS101(PA) (Explicit Withdrawal form; ASL.4857 (Declaration of Withdrawal); and Completed Voluntary Return Service form (Withdrawing Asylum Claims V10, October 2024); or 
• Explicitly declares a desire to withdraw their asylum claim. 333C(a), (Which includes contacting the Home Office and expressing this in writing). 

2. Implicit withdrawal 

The Home Office may treat an asylum claim as withdrawn where a person: 

• Fails to maintain contact with the Home Office or provide up-to-date contact details;
• Leaves the UK without permission before their claim is decided;
• Fails to complete an asylum questionnaire when requested; 
• Fails to attend a reporting event; or 
• Fails to attend an asylum interview without showing, within a reasonable time, that the failure was due to circumstances beyond their control 333C(b)(i) to 333C(b)(v).  

The Withdrawing Asylum Claims guidance sets out the process which the Home Office promises to follow before treating a claim as withdrawn.Withdrawing asylum claims V10, October 2024  Important: The Home Office has updated its withdrawal policy multiple times since May 2020. It is important to look at the version of policy that applied at the time of an asylum withdrawal decision. Archived policies can be found here: UK Government Web Archive. As of 8 April 2026, the Home Office can treat further submissions as implicitly withdrawn in certain circumstances. However, in those cases, providing the individual’s initial asylum claim was substantively determined, they will remain a refused asylum seeker and may remain eligible for section 4 support where they otherwise meet the eligibility criteria for section 4 support (see factsheet 2). This is confirmed in Home Office Policy (p.29 Withdrawing Further Submissions V1 April 2026) 

What happens to section 95 support after an asylum claim is withdrawn? 

To receive support under section 95, a person must be a destitute asylum seeker. If the Home Office validly treats an asylum claim as withdrawn that usually means the person is no longer an asylum seeker and therefore not eligible to receive asylum support. As a result: 

• An application for section 95 support may be refused; or 
• existing section 95 support may be discontinued.  

This can result in the loss of both accommodation and financial support. 

However, Home Office policy states that:  

Where an asylum claim is withdrawn, whether explicitly or implicitly, support should not be discontinued if the claimant has an outstanding European Convention on Human Rights (ECHR) Article 3 (medical) claim (emphasis added). p.19 Ceasing Section 95 Support instruction V7 March 2026 

Support for those with children in the household? 

The general position may also be different where there is a dependent child in the household. 

Under section 94(5) of the Immigration and Asylum Act 1999, a person will continue to be treated as an asylum seeker for support purposes if they had a dependent child in their household before the asylum claim was determined, and they and the child remain in the UK. 

In MAH & Ors, the Tribunal found that the appellant remained an asylum seeker for support purposes despite his claim being treated as implicitly withdrawn, because he had a minor child in his household at the time of the withdrawal. (Para 137(c)) 

The Principal Judge stated that: 

It is the birth in the UK of a child born to a parent at a time when their asylum application is under consideration that engages the protection of section 94(5) and not that the recorded asylum application includes the child as a dependant. (Para 137(c)) 

Key point: The withdrawal of an asylum claim may not automatically end entitlement to section 95 support where there is a dependent child in the household prior to the asylum claim being withdrawn, and the claimant and child have not left and returned to the UK. That may be the case even if the claimant has not previously applied for section 95 support before the asylum withdrawal decision was made see R (VC) & R (K) v Newcastle City Council and SSHD [2011] EWHC 2673, paras 54-57. 

Is there a right of appeal on the decision to stop or refuse 95 support? 

Yes. 

Where section 95 support is refused or discontinued because the Home Office has treated the asylum claim as withdrawn, there is a right of appeal to the Asylum Support Tribunal under section 103 of the Immigration and Asylum Act 1999 R (SSHD) v FTT  [2025] EWCA 1654. The Home Office's asylum support policy confirms that decision letters should explain this right and provide appeal forms, P. 25 Ceasing Section 95 Support instruction V7 March 2026.  

The appeal is against the asylum support decision, not against the withdrawal decision itself.  

What can the Tribunal decide? 

In deciding whether a person is an asylum seeker for section 95 purposessee section 94(1) IAA 1999, the Tribunal can examine whether an asylum claim has been validly treated as withdrawn R (SSHD) v FTT  [2025] EWCA 1654.  

The Tribunal will consider whether, on the available evidence, the withdrawal decision is based on incorrect facts and/or not in compliance with Home Office policy. If relying on a failure to follow policy, an appellant may need to show that the Home Office’s error had a material impact on the decision to treat the claim as withdrawn. 

In practice, the Tribunal may consider issues such as: 

• Whether interview invitations or warning letters were sent and delivered correctly; 
• Whether a legal representative should have been notified; 
• Whether the appellant actually received the relevant correspondence, and if not, whether this was through no fault of their own; 
• Whether warnings about the consequences of failing to keep in touch with Home Office were given; 
• Whether the Home Office followed the correct process for a family unit Withdrawing Asylum Claims V10, October 2024 pp24-25 and/or substantively complied with its duty under section 55 of the Borders, Citizenship and Immigration Act 2009; 
• For explicit withdrawals, whether the Home Office adequately assessed whether the person had mental capacity Withdrawing Asylum Claims V10, October 2024 pp38-39; 
• Whether there was a good reason for failing to attend an interview or comply with a requirement; and 
• Whether, in all the circumstances, the Home Office lawfully treated the asylum claim as withdrawn.  

If the Tribunal concludes that the Home Office's withdrawal decision is flawed, it may allow the appeal and decide that section 95 support should not have been refused or discontinued.  

What can the Tribunal NOT decide? 

The Tribunal's jurisdiction is limited to asylum support. 

The Tribunal cannot reinstate an asylum claim or require the Home Office to continue substantive consideration of the asylum claim (although it may invite the Home Office to reconsider its position). 

Even where a support appeal succeeds, separate action may still be required to reopen or reinstate the asylum claim.  

How to challenging the withdrawal of the asylum claim? 

The process for challenging a withdrawal decision is separate from an asylum support appeal. 

In some cases, where the Tribunal finds that a withdrawal was flawed, the Home Office has reinstated the asylum claim. This does not always happen automatically. Further action may be needed to ask the Home Office to reinstate the claim. 

• Requesting a reinstatement of the asylum claim

  If a person believes their asylum claim was wrongly withdrawn, they or their immigration adviser can ask the Home Office to review the decision. The request should explain why the withdrawal was incorrect and include supporting evidence. The Home Office guidance on Withdrawing Asylum Claims says that requests should normally be made within 60 days of the withdrawal notice Withdrawing asylum claims v10, October 2024, pp.31-37. Requests made after 60 days will usually only be considered in exceptional circumstances. There is no time limit for victims of domestic abuse or modern slavery. 

  The Tribunal's Statement of Reasons may contain findings that support a request for reinstatement. It may also help show that there are exceptional circumstances if the request is made after the 60-day deadline. 

• Further submissions after a withdrawn asylum claim

  A person can also ask the Home Office to reconsider their protection claim by making further submissions. Further submissions must be made in person at a Service and Support Centre Submit new evidence to support your asylum claim - GOV.UK. 

  The Home Office will consider the further submissions under paragraph 353 of the Immigration Rules. The material must not have been considered before, and it must create a realistic prospect of success before an immigration judge. 

• Are people eligible for asylum support once further submissions have been made?

  Advisers should be aware that making further submissions does not automatically make a person eligible for section 95 support. The Home Office's position is that a person does not become an asylum seeker again simply because they have submitted further submissions. They are only treated as an asylum seeker once the further submissions are recorded as a fresh claim. 

   In this context, advisers should also be aware of the Home Office’s position for support under section 4 of the Immigration and Asylum Act 1999. Section 4 support is for a person whose asylum claim has been rejected or declared inadmissible. The Home Office (and the Tribunal) does not consider an asylum withdrawal decision to meet this requirement. Where a person has had their asylum claim withdrawn, the Home Office will reject an application for section 4 support on the basis that they are not a refused asylum seeker. A person who has been refused section 4 support will have a right of appeal to the Tribunal. If appropriate, they could still seek to raise arguments about section 95 eligibility as part of their section 4 appeal. 

  A person whose asylum claim has been withdrawn, is on immigration bail and who has made further submissions, may instead be eligible for Schedule 10 support (see Factsheet 10), unless they can successfully argue that the original withdrawal decision was wrong. 

• What happens if the further submissions are rejected?

  The Home Office refuses the fresh claim and grants a right of appeal. 
  In this situation, the Home Office accepts that the further submissions meet the fresh claim test in paragraph 353 but refuses the claim on its merits and grants a right of appeal. In this scenario the person is an asylum seeker while their asylum appeal is outstanding and may be eligible for section 95 support if they are destitute. 

  The Home Office rejects the further submissions under paragraph 353. 
  This means the Home Office does not accept that the submissions amount to a fresh claim. There is no right of appeal. As the further submissions were never accepted as a fresh claim, the person is not an asylum seeker and therefore not eligible for section 95 support.  

  Important: Even where further submissions have been made and refused, advisers should still consider whether the original decision to withdraw the asylum claim was lawful and correct. If it can be argued that it was not, then your client may still be eligible for section 95 support.  

Action for advisers 

When a client's section 95 support has been stopped or refused following a withdrawal: 

• Obtain all Home Office correspondence relating to the withdrawal. 
• Check what documents were actually received by the client and when. 
• Check whether the Home Office followed the process set out in the relevant version of the withdrawal guidance. 
• Consider whether there is evidence that the client had a reasonable excuse for any alleged non-compliance. 
• Lodge an appeal against the refusal or discontinuation of section 95 support where appropriate. 
• Advise your client to seek immigration advice on making separate representations asking the Home Office to review the withdrawal decision.  

Remember: The Tribunal can decide whether the Home Office was entitled to treat the asylum claim as withdrawn for the purpose of determining support entitlement, but it cannot reinstate the asylum claim itself.