Briefing notesIn-depth analysis of asylum support issues

​Our briefing notes are aimed at experienced advisors.  They provide an in-depth analysis on specific issues related to asylum support.

May 2024 - Effect of Income Briefing

This briefing looks at the effect that income has on asylum support from a legal and practical perspective.

September 2023 - Discontinuation of support

This briefing explains the Home Office's policies and practices when stopping a person's support. These vary depending on the circumstances and type of support. The briefing includes details of the notice periods given a variety of situations.

March 2023 - Mixed Households and Asylum Support

This note explores how the Home Office should assess destitution where a household contains persons who are in receipt of mainstream benefits or other support. March 2023.

Sept 2022 - Family support briefing

This briefing looks at the legal framework regarding asylum support for families and whether they should be on Home Office or Local Authority support. It also considers the Home Office's duty under the Borders, Citizenship and Immigration Act 2009 s55.

Nov 2021 - 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.

Nov 2021 - Eligibility for asylum support for Afghan refused asylum-seekers

This note explores eligibility for asylum support for Afghan refused asylum-seekers. Nov 2021

May 2021 - Schedule 10 Support Briefing Note

Support for people on immigration bail is provided by the Home Office (HO) in limited circumstances under schedule 10 (sch 10), paragraph 9 of the Immigration Act 2016. This briefing note explains who is eligible, how to apply and briefly examines the situation for individuals still supported under sch 10’s predecessor, section 4(1) (s4(1)) support. May 2021

April 2021: Government’s New Plan for Immigration - Overview of the changes to asylum support in the Immigration Act 2016

Overview of the changes to asylum support in the Immigration Act 2016: ASAP update, April 2021

May 2019 - Absconders and withdrawn asylum claims

This note explores the type of support available for absconders and others who have withdrawn their asylum claims This briefing explains under what circumstances a person’s asylum claim is considered withdrawn and why, as a general rule, for support purposes, they are not asylum-seekers or refused asylum-seekers. It also explores when a person might be able to make applications for s95 or s4 support anyway. May 2021

Feb 2018 - Article 8 applications & eligibility for s4 support

This note explores eligibility for s4 support for those with an outstanding Article 8 application.

March 2017- Home Office withdrawals

This is a briefing note on what should happen when the Home Office withdraws from an asylum support appeal. It looks at the relevant Home Office policy on withdrawals and the asylum support Tribunal’s regulations and practice in this area. March 2017

Sept 2016 - s57 NIAA 2002 & asylum support appeals

The Home Office may refuse to entertain an application for s95 support where the Secretary of State is ‘not satisfied that the information provided is complete or accurate or that the applicant is co-operating with enquiries’ under s57 of the Nationality and Immigration Act 2002. There is no right of appeal to the First-tier Tribunal - Asylum Support (the AST) against a s57 decision. This briefing note explores when it is possible to appeal a decision under Section 57 of the Nationality and Immigration Act 2002. September 2016

Nov 2021 - Mental health & eligibility for s4 support

This note explore eligibility for s4 support for those with severe mental health conditions. Clients with mental health problems can be successful in obtaining (or retaining) s4 support, even though they do not currently have outstanding further submissions. Nov 2021.