Secretary of State for the Home Department v First-Tier Tribunal (Asylum Support) [2025] EWCA Civ 1654 (18 December 2025)

Secretary of State for the Home Department v First-Tier Tribunal (Asylum Support) [2025] EWCA Civ 1654 (18 December 2025)

The First-tier Tribunal (Asylum Support) has jurisdiction under section 103 of the Immigration and Asylum Act 1999 to consider whether an asylum claim has been validly treated as withdrawn by the Secretary of State, as this is integral to determining eligibility for asylum support. The right of appeal under section 103(2) arises where support is discontinued following a withdrawal decision, and the Tribunal may examine the lawfulness and factual basis of the withdrawal as part of its appellate function.

Citation
[2025] EWCA Civ 1654
Parties
Claimant/appellant: Secretary of State for the Home Department; Defendant/respondent: First-tier Tribunal (Asylum Support); Interested Party: MAH; Interested Party: LKL; Interested Party: GK; Intervenor: Asylum Support Appeals Project
Jurisdiction
England and Wales
Judgment Date
18 December 2025
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court (administrative Court)
Outcome
Appeal dismissed
Legal Topics
Asylum Support Appeals, Jurisdiction of First Tier Tribunal (asylum Support), Withdrawal of Asylum Claims, Statutory Interpretation of Immigration and Asylum Act 1999, Collateral Challenge to Administrative Decisions
Immigration Law Administrative Law Social Welfare Law Asylum Support Appeals Jurisdiction of First Tier Tribunal (asylum Support) Withdrawal of Asylum Claims Statutory Interpretation of Immigration and Asylum Act 1999 Collateral Challenge to Administrative Decisions

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Parties

Secretary of State for the Home Department

Claimant/appellant

First-tier Tribunal (Asylum Support)

Defendant/respondent

MAH

Interested Party

LKL

Interested Party

GK

Interested Party

Asylum Support Appeals Project

Intervenor

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court (administrative Court)

Legal Issues

  1. 1 Whether the First-tier Tribunal (Asylum Support) has jurisdiction under section 103 of the Immigration and Asylum Act 1999 to consider the lawfulness or merits of a decision by the Secretary of State to treat an asylum claim as withdrawn
  2. 2 Whether a right of appeal arises under section 103(2) IAA 1999 in respect of a decision discontinuing support following withdrawal of an asylum claim

Ratio Decidendi

The First-tier Tribunal (Asylum Support) has jurisdiction under section 103 of the Immigration and Asylum Act 1999 to consider whether an asylum claim has been validly treated as withdrawn by the Secretary of State, as this is integral to determining eligibility for asylum support. The right of appeal under section 103(2) arises where support is discontinued following a withdrawal decision, and the Tribunal may examine the lawfulness and factual basis of the withdrawal as part of its appellate function.

Court Disposition

Appeal dismissed

Orders

  • The appeal by the Secretary of State is dismissed.
  • The interpretation adopted by the High Court and the First-tier Tribunal (Asylum Support) is affirmed.