R (on the application of Kiana and another) v Secretary of State for the Home Department [2010] All ER (D) 110 (Apr)
Section 4(2) of the Immigration and Asylum Act 1999 contained no power for the secretary of state to provide subsistence only support to a failed asylum seeker. The s 4 regime had to be contrasted with that under s 95 where a wider power was conferred on the secretary of state to provide support for asylum seekers and dependants of asylum seekers. Section 95 allowed for forms of support other than accommodation, on a standalone basis - that was not the case under s 4.
There was no suggestion that Parliament had intended the forms of support available under s 4 and s 95 were to be provided on a similar basis. Further, had s 4 conferred on the secretary of state a power to provide subsistence only support, the 1999 Act would be expected to provide an express right of appeal against a refusal to provide such support—it did not.
Moreover, s 4(2) of the Act did not permit the secretary to state to discharge
