Regina (T and Another) v Secretary of State for Health and Another: QBD 29 Jul 2002

The applicant sought financial support whilst her application for asylum was considered. She was HIV positive, and had a child to breastfeed. Without financial assistance she would have to breast feed causing a risk of transmitting HIV to her child.
Held: The Secretary of State should have seen her circumstances as sufficiently exceptional to deserve reconsideration. The possible appalling consequences must justify considering why she should not breast feed.


Sir Edwin Jowitt


Times 05-Sep-2002, Gazette 10-Oct-2002


Immigration and Asylum Act 1999 96(2)


England and Wales

Immigration, Benefits

Updated: 26 May 2022; Ref: scu.174767