Section 4 appeals

Covid and s4 support

Prior to the pandemic the Home Office regularly evicted people on section 4 support that they deemed no longer eligible.  On the 27 March 2020, the Home Office stopped evicting people on section 4 support and housed all destitute refused asylum-seekers who applied for section 4 on the basis of the public health risks associated with the pandemic. On the 19th of July 2021 the Home Office said that it was going to resume evictions from Home Office accommodation; at that point they stated that there were approximately 4000 refused asylum seekers who might face eviction due to the resumption of decisions to end Home Office housing and financial support (asylum support). 

A decision to discontinue section 4 support attracts a right of appeal to the Asylum Support Tribunal. However, there is no longer a blanket eligibility for all destitute refused asylum-seekers because of the pandemic. Those wishing to remain in section 4 support will have to make individual arguments as to why they are eligible.

On this page you will find ASAP's resources to help you better understand eligibility for section 4 support. 

1) What is Section 4 Support?

2) Factsheets on Section 4 Support

Factsheet 2 - Section 4 support

Factsheet 6 - Evidence for Section 4 appeals

Factsheet 12 - Section 4 and Human Rights

3) Human Rights and Section 4 Support Elearning course

This eLearning module includes a range of learning activities to help you develop your understanding of eligibility for section 4 support under regulation 3(2)e. Click here to register for this course. 

4) Appealing a decision to stop or refuse asylum support

We are very concerned that people may not use their right of appeal the decision to discontinue their section 4 support. We’ve put together a complete easy-read guide to going through an appeal:

5) Other useful documents on section 4 eligibility

Section 4 flow chart

This flow chart takes you through the steps you can take to help establish section 4 eligibility.

Useful Tribunal decision on further subs and 3(2)(e) eligibility

This summary of a Tribunal decision provides useful and practical guidance on what is likely to be expected in order show eligibility under reg 3(2)(e) where further submissions have not yet been lodged. At a minimum, an appellant should aim to show the specific nature of further submissions whilst indicating what stage the evidence gathering is at.

AST decision AS/18/05/38069

This is the full statement of reasons AS/18/05/38069 which is summarised above.