Guides:

Example 2: Home Office says I am able to leave the UK

The Home Office will refuse or stop your section 4 support if it says you are able to leave the UK. Your Home Office decision letter may say 'there is no legal or practical obstacle' to you leaving the UK.

To get section 4 support you must be:

Reasons which might mean you are not able to leave the UK include: fresh claim/further submissions, judicial review, medical condition and Covid-19.

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Fresh claim/further submissions:

  • Have you given or sent the Home Office ‘further submissions’? Or will you do this very soon?
     
  • Send a copy of your further submissions with your Notice of Appeal form.
     
  • If you have not yet finished preparing your further submissions, explain when they will be ready. Explain any reasons which caused you delay. If you can, send the new information and evidence you have for your further submissions.
     
  • Explain what makes your further submissions new. For example, any information which was not in your original asylum claim.
     
  • Explain why it was not possible to include this new information in your original asylum claim.

If you have a lawyer, ask them to write a letter which explains this information.

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Judicial review:

  • Have you, or your asylum lawyer, sent the High Court a judicial review form?
  • Send the Tribunal a copy of the judicial review form, and proof that the High Court has received it.
  • ‚ÄčAsk your lawyer to write a letter which explains your judicial review, or what they have done to prepare it (if not yet sent to the High Court)?

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Medical condition:

  • Do you have a very serious physical or mental health problem which stops you from travelling on a plane? Ask your doctor to fill out this Home Office medical form.
     
  • Your doctor must explain your health problem, and why this means you cannot leave the UK on a normal day, even if you have a medical person (escort) travelling with you.

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Covid-19:

  • Are you living somewhere in the UK with high Covid-19 restrictions? If you do not have section 4 support, will you be forced to sleep on the streets in the UK or in a friend's house?
  • Can you show the Tribunal there is a high risk you will get very ill from Covid-19, if exposed to it when travelling from the UK? For example, because of another health problem, your ethnicity or age?
     
  • Can you show the Tribunal that because of Covid-19, your country of origin will not let you travel there (check this UK Government page for travel updates).

 

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