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.
Judges:
Sir Edwin Jowitt
Citations:
Times 05-Sep-2002, Gazette 10-Oct-2002
Statutes:
Immigration and Asylum Act 1999 96(2)
Jurisdiction:
England and Wales
Immigration, Benefits
Updated: 26 May 2022; Ref: scu.174767