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Since March 2005 those who applied for S4 support and are refused have a right to appeal to the ASA . An appeal form (known as the Notice of Appeal) should have been sent to you along with your refusal letter from NASS.
You have 5 days from the date that appears on the NASS refusal letter in which to appeal. It is very important to complete every section of the form as the ASA will not accept it otherwise. Please remember to include all of your details such as your date of birth and your NASS reference number. You should also attach a copy of the refusal letter you received from NASS.
Evidence
· A letters from the GP/hospitals
· bank statements
· letters from any charities that have been providing support and the reasons they can no longer do so.
· letters from any friends who have been providing support client and the reasons they can no longer do so.
The ASA will consider late appeals if they think it is in the interest of justice to do so. If you are submitting an out of time appeal to the ASA you will need to enclose a statement explaining why it is late.
Reasons accepted by the ASA in the past have included situations where the person needed advice about completing the form but was unable to obtain it on time, where there were health problems which made it difficult to meet the deadline and where the person did not receive a copy of the appeal notice on time. In many cases the ASA will consider accepting out-of-time appeals so if you are unsure it is worth sending in the appeal form with a covering letter. Please call the ASAP Advice Line so that we can give you more guidance.
If the ASA does not accept a late appeal you should advise your client to re-apply for NASS as soon as possible.
This includes both asylum seekers who make a claim for support after they make an asylum claim, and failed asylum seekers who apply for Section 4 support. NASS will write to you explaining why you've been refused.
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