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ASYLUM AND IMMIGRATION (TREATMENT OF CLAIMANTS, ETC.) ACT 2004

UK Public General Acts

Version 10/11/2009

2004 CHAPTER 19

Default Geographical Extent: E+W+S+N.I.


  • Offences
  • Treatment of claimants
  • Enforcement powers
  • Procedure for marriage
  • Appeals
  • Removal and detention
  • Immigration services
  • Fees
  • General
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  • Version 22/07/2004

Introductory Text

Asylum and Immigration (Treatment of Claimants, etc.) Act 2004

2004 CHAPTER 19

An Act to make provision about asylum and immigration.

[22nd July 2004]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations:

Modifications etc. (not altering text)

C1 Act extended in part (Isle of Man) (with modifications) (13.3.2008 for specified purposes, 1.5.2008 in so far as not already in force) by Immigration (Isle of Man) Order 2008 (S.I. 2008/680), art. 18, Sch. 8 (with art. 5, Sch. 2)


Offences


1 Assisting unlawful immigration

(1) At the end of section 25 of the Immigration Act 1971 (c. 77) (offence of assisting unlawful immigration to member State) add—

“(7) In this section—
(a) a reference to a member State includes a reference to a State on a list prescribed for the purposes of this section by order of the Secretary of State (to be known as the “ Section 25 List of Schengen Acquis States ”) , and
(b) a reference to a citizen of the European Union includes a reference to a person who is a national of a State on that list.
(8) An order under subsection (7) (a) —
(a) may be made only if the Secretary of State thinks it necessary for the purpose of complying with the United Kingdom’s obligations under the Community Treaties,
(b) may include transitional, consequential or incidental provision,
(c) shall be made by statutory instrument, and
(d) shall be subject to annulment in pursuance of a resolution of either House of Parliament.”
(2) In section 25C(9) (a) of that Act (forfeiture of vehicle, ship or aircraft) for “(within the meaning of section 25) ” substitute “(for which purpose

and >“immigration law have the meanings given by section 25(2) and (7) ) ”.
Annotations:

Commencement Information

I1 S. 1 in force at 1.10.2004 by S.I. 2004/2523, art. 2, Sch.


2 Entering United Kingdom without passport, &c.

(1) A person commits an offence if at a leave or asylum interview he does not have with him an immigration document which—

(a) is in force, and
(b) satisfactorily establishes his identity and nationality or citizenship.
(2) A person commits an offence if at a leave or asylum interview he does not have with him, in respect of any dependent child with whom he claims to be travelling or living, an immigration document which—

(a) is in force, and
(b) satisfactorily establishes the child’s identity and nationality or citizenship.
(3) But a person does not commit an offence under subsection (1) or (2) if—

(a) the interview referred to in that subsection takes place after the person has entered the United Kingdom, and
(b) within the period of three days beginning with the date of the interview the person provides to an immigration officer or to the Secretary of State a document of the kind referred to in that subsection.
(4) It is a defence for a person charged with an offence under subsection (1) —

(a) to prove that he is an EEA national,
(b) to prove that he is a member of the family of an EEA national and that he is exercising a right under the Community Treaties in respect of entry to or residence in the United Kingdom,
(c) to prove that he has a reasonable excuse for not being in possession of a document of the kind specified in subsection (1) ,
(d) to produce a false immigration document and to prove that he used that document as an immigration document for all purposes in connection with his journey to the United Kingdom, or
(e) to prove that he travelled to the United Kingdom without, at any stage since he set out on the journey, having possession of an immigration document.
(5) It is a defence for a person charged with an offence under subsection (2) in respect of a child—

(a) to prove that the child is an EEA national,
(b) to prove that the child is a member of the family of an EEA national and that the child is exercising a right under the Community Treaties in respect of entry to or residence in the United Kingdom,
(c) to prove that the person has a reasonable excuse for not being in possession of a document of the kind specified in subsection (2) ,
(d) to produce a false immigration document and to prove that it was used as an immigration document for all purposes in connection with the child’s journey to the United Kingdom, or
(e) to prove that he travelled to the United Kingdom with the child without, at any stage since he set out on the journey, having possession of an immigration document in respect of the child.
(6) Where the charge for an offence under subsection (1) or (2) relates to an interview which takes place after the defendant has entered the United Kingdom—

(a) subsections (4) (c) and (5) (c) shall not apply, but
(b) it is a defence for the defendant to prove that he has a reasonable excuse for not providing a document in accordance with subsection (3).
(7) For the purposes of subsections (4) to (6) —

(a) the fact that a document was deliberately destroyed or disposed of is not a reasonable excuse for not being in possession of it or for not providing it in accordance with subsection (3) , unless it is shown that the destruction or disposal was—
(i) for a reasonable cause, or
(ii) beyond the control of the person charged with the offence, and
(b) in paragraph (a) (i) “reasonable cause” does not include the purpose of—
(i) delaying the handling or resolution of a claim or application or the taking of a decision,
(ii) increasing the chances of success of a claim or application, or
(iii) complying with instructions or advice given by a person who offers advice about, or facilitates, immigration into the United Kingdom, unless in the circumstances of the case it is unreasonable to expect non-compliance with the instructions or advice.
(8) A person shall be presumed for the purposes of this section not to have a document with him if he fails to produce it to an immigration officer or official of the Secretary of State on request.

(9) A person guilty of an offence under this section shall be liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or
(b) on summary conviction, to imprisonment for a term not exceeding twelve months, to a fine not exceeding the statutory maximum or to both.
(10) If [F1 [F2 a constable or] ] [F2 [F1 an] ] immigration officer reasonably suspects that a person has committed an offence under this section he may arrest the person without warrant.

(11) An offence under this section shall be treated as—

(a) a relevant offence for the purposes of sections 28B and 28D of the Immigration Act 1971 (c. 77) (search, entry and arrest) , and
(b) an offence under Part III of that Act (criminal proceedings) for the purposes of sections 28(4) , 28E, 28G and 28H (search after arrest, &c.) of that Act.
(12) In this section— “EEA national” means a national of a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (as it has effect from time to time) , “immigration document” means— (a) a passport, and (b) a document which relates to a national of a State other than the United Kingdom and which is designed to serve the same purpose as a passport, and “leave or asylum interview” means an interview with an immigration officer or an official of the Secretary of State at which a person— (a) seeks leave to enter or remain in the United Kingdom, or (b) claims that to remove him from or require him to leave the United Kingdom would breach the United Kingdom’s obligations under the Refugee Convention or would be unlawful under section 6 of the Human Rights Act 1998 (c. 42) as being incompatible with his Convention rights.

(13) For the purposes of this section—

(a) a document which purports to be, or is designed to look like, an immigration document, is a false immigration document, and
(b) an immigration document is a false immigration document if and in so far as it is used—
(i) outside the period for which it is expressed to be valid,
(ii) contrary to provision for its use made by the person issuing it, or
(iii) by or in respect of a person other than the person to or for whom it was issued.
(14) Section 11 of the Immigration Act 1971 (c. 77) shall have effect for the purpose of the construction of a reference in this section to entering the United Kingdom.

(15) In so far as this section extends to England and Wales, subsection (9) (b) shall, until the commencement of section 154 of the Criminal Justice Act 2003 (c. 44) (increased limit on magistrates' power of imprisonment) , have effect as if the reference to twelve months were a reference to six months.

(16) In so far as this section extends to Scotland, subsection (9) (b) shall have effect as if the reference to twelve months were a reference to six months.

(17) In so far as this section extends to Northern Ireland, subsection (9) (b) shall have effect as if the reference to twelve months were a reference to six months.

Annotations:

Amendments (Textual)

F1 Word in s. 2(10) substituted (E.W.) (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 7 para. 63(a); S.I. 2005/3495, art. 2(1)(m)

F2 Word in s. 2(10) substituted (N.I.) (1.3.2007) by The Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288), art. 1(2), Sch. 1 para. 39(1)


F3 3 Immigration documents: forgery

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F3 S. 3 repealed (7.6.2006) by Identity Cards Act 2006 (c. 15), s. 44(3), Sch. 2; S.I. 2006/1439, art. 2(e) [Editorial Note: The repealing Sch. 2 is induced by s. 44(2) of the 2006 Act and that section is in force at 30.3.2006 by virtue of s. 44(3) of that Act. However, Sch. 2 itself is expressly brought into force at 7.6.2006 by S.I. 2006/1439, art. 2(e)]

Commencement Information

I2 S. 3 in force at 1.10.2004 by S.I. 2004/2523, art. 2, Sch.


4 Trafficking people for exploitation

(1) A person commits an offence if he arranges or facilitates the arrival in[F4 , or the entry into, ] the United Kingdom of an individual (the “passenger”) and—

(a) he intends to exploit the passenger in the United Kingdom or elsewhere, or
(b) he believes that another person is likely to exploit the passenger in the United Kingdom or elsewhere.
(2) A person commits an offence if he arranges or facilitates travel within the United Kingdom by an individual (the “passenger”) in respect of whom he believes that an offence under subsection (1) may have been committed and—

(a) he intends to exploit the passenger in the United Kingdom or elsewhere, or
(b) he believes that another person is likely to exploit the passenger in the United Kingdom or elsewhere.
(3) A person commits an offence if he arranges or facilitates the departure from the United Kingdom of an individual (the “passenger”) and—

(a) he intends to exploit the passenger outside the United Kingdom, or
(b) he believes that another person is likely to exploit the passenger outside the United Kingdom.
(4) For the purposes of this section a person is exploited if (and only if) —

(a) he is the victim of behaviour that contravenes Article 4 of the Human Rights Convention (slavery and forced labour) ,
(b) he is encouraged, required or expected to do anything as a result of which he or another person would commit an offence under[F5 the Human Organ Transplants Act 1989 (c. 31) [F5 Part 1 of the Human Tissue (Scotland) Act 2006 (asp 4) ] ] or [F6 under section 32 or 33 of the Human Tissue Act 2004 ] ,
(c) he is subjected to force, threats or deception designed to induce him—
(i) to provide services of any kind,
(ii) to provide another person with benefits of any kind, or
(iii) to enable another person to acquire benefits of any kind, or
[F7 (d) a person uses or attempts to use him for any purpose within sub-paragraph (i) , (ii) or (iii) of paragraph (c) , having chosen him for that purpose on the grounds that—
(i) he is mentally or physically ill or disabled, he is young or he has a family relationship with a person, and
(ii) a person without the illness, disability, youth or family relationship would be likely to refuse to be used for that purpose.]
(5) A person guilty of an offence under this section shall be liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 14 years, to a fine or to both, or
(b) on summary conviction, to imprisonment for a term not exceeding twelve months, to a fine not exceeding the statutory maximum or to both.
Annotations:

Amendments (Textual)

F4 Words in s. 4(1) inserted (E.W.N.I.) (31.1.2008) by UK Borders Act 2007 (c. 30), ss. 31(1), 59(2); S.I. 2008/99, art. 2(l)

F5 Words in s. 4(4)(b) substituted (S.) (24.6.2008) by Human Tissue (Scotland) Act 2006 (Consequential Amendment) Order 2008 (S.S.I. 2008/259), arts. 1(1), 2

F6 Words in s. 4 substituted (20.10.2005) by Human Tissue Act 2004 (c. 30), s. 60(2), Sch. 6 para. 7 (with s. 58); S.I. 2005/2792, art. 2(2)(i) (with art. 3(1)(a))

F7 S. 4(4)(d) substituted (10.11.2009) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 54, 58(4)(b); S.I. 2009/2731, art. 3(b)

Commencement Information

I3 S. 4 in force at 1.12.2004 for S. by S.S.I. 2004/494, unnumbered provision

I4 S. 4 in force at 1.12.2004 for E.W.N.I. by S.I. 2004/2999, art. 2, Sch.


5 Section 4: supplemental

(1) [F8 Subsections (1) to (3) of section 4 apply to anything done—

(a) in the United Kingdom,
(b) outside the United Kingdom by an individual to whom subsection (2) below applies, or
(c) outside the United Kingdom by a body incorporated under the law of a part of the United Kingdom.]
[F8 Subsections (1) to (3) of section 4 apply to anything done whether inside or outside the United Kingdom.]
(2) [F8 This subsection applies to—

(a) a British citizen,
(b) a British overseas territories citizen,
(c) a British National (Overseas) ,
(d) a British Overseas citizen,
(e) a person who is a British subject under the British Nationality Act 1981 (c. 61) , and
(f) a British protected person within the meaning of that Act.]
(3) In section 4(4) (a) “the Human Rights Convention” means the Convention for the Protection of Human Rights and Fundamental Freedoms agreed by the Council of Europe at Rome on 4th November 1950.

(4) Sections 25C and 25D of the Immigration Act 1971 (c. 77) (forfeiture or detention of vehicle, &c.) shall apply in relation to an offence under section 4 of this Act as they apply in relation to an offence under section 25 of that Act.

(5) At the end of section 25C(9) (b) , (10) (b) and (11) of that Act add “ or section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking people for exploitation). ”

(6) After paragraph 2(n) of Schedule 4 to the Criminal Justice and Court Services Act 2000 (c. 43) (offence against child) insert—

“(o) an offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking people for exploitation).”
(7) At the end of paragraph 4 of Schedule 2 to the Proceeds of Crime Act 2002 (c. 29) (lifestyle offences: England and Wales: people trafficking) add—

“(3) An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (exploitation).”
(8) At the end of paragraph 4 of Schedule 4 to the Proceeds of Crime Act 2002 (lifestyle offences: Scotland: people trafficking) add “or under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (exploitation) ”.

(9) At the end of paragraph 4 of Schedule 5 to the Proceeds of Crime Act 2002 (lifestyle offences: Northern Ireland: people trafficking) add—

“(3) An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (exploitation).”
(10) After paragraph 2(l) of the Schedule to the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 (S.I. 2003/417 (N.I. 4) ) (offence against child) insert—

“(m) an offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking people for exploitation).”
(11) In so far as section 4 extends to England and Wales, subsection (5) (b) shall, until the commencement of section 154 of the Criminal Justice Act 2003 (c. 44) (increased limit on magistrates' power of imprisonment) , have effect as if the reference to twelve months were a reference to six months.

(12) In so far as section 4 extends to Scotland, subsection (5) (b) shall have effect as if the reference to twelve months were a reference to six months.

(13) In so far as section 4 extends to Northern Ireland, subsection (5) (b) shall have effect as if the reference to twelve months were a reference to six months.

Annotations:

Amendments (Textual)

F8 S. 5(1) substituted for s. 5(1)(2) (E.W.N.I.) (31.1.2008) by UK Borders Act 2007 (c. 30), ss. 31(2), 59(2); S.I. 2008/99, art. 2(l)

Commencement Information

I5 S. 5 in force at 1.12.2004 for E.W.N.I. by S.I. 2004/2999, art. 2, Sch.

I6 S. 5 in force at 1.12.2004 for S. by S.S.I. 2004/494, unnumbered provision


6 Employment

(1) For section 8(4) of the Asylum and Immigration Act 1996 (c. 49) (employment: penalty) substitute—

“(4) A person guilty of an offence under this section shall be liable—
(a) on conviction on indictment, to a fine, or
(b) on summary conviction, to a fine not exceeding the statutory maximum.”
(2) Section 8(9) of that Act (extension of time limit for prosecution) shall cease to have effect.

Annotations:

Commencement Information

I7 S. 6 in force at 1.10.2004 by S.I. 2004/2523, art. 2, Sch.


7 Advice of Director of Public Prosecutions

In section 3(2) of the Prosecution of Offences Act 1985 (c. 23) (functions of Director of Public Prosecutions) after paragraph (eb) insert—

“(ec) to give, to such extent as he considers appropriate, advice to immigration officers on matters relating to criminal offences;”.
Annotations:

Commencement Information

I8 S. 7 in force at 1.12.2004 by S.I. 2004/2999, art. 2, Sch.


Treatment of claimants


8 Claimant’s credibility

(1) In determining whether to believe a statement made by or on behalf of a person who makes an asylum claim or a human rights claim, a deciding authority shall take account, as damaging the claimant’s credibility, of any behaviour to which this section applies.

(2) This section applies to any behaviour by the claimant that the deciding authority thinks—

(a) is designed or likely to conceal information,
(b) is designed or likely to mislead, or
(c) is designed or likely to obstruct or delay the handling or resolution of the claim or the taking of a decision in relation to the claimant.
(3) Without prejudice to the generality of subsection (2) the following kinds of behaviour shall be treated as designed or likely to conceal information or to mislead—

(a) failure without reasonable explanation to produce a passport on request to an immigration officer or to the Secretary of State,
(b) the production of a document which is not a valid passport as if it were,
(c) the destruction, alteration or disposal, in each case without reasonable explanation, of a passport,
(d) the destruction, alteration or disposal, in each case without reasonable explanation, of a ticket or other document connected with travel, and
(e) failure without reasonable explanation to answer a question asked by a deciding authority.
(4) This section also applies to failure by the claimant to take advantage of a reasonable opportunity to make an asylum claim or human rights claim while in a safe country.

(5) This section also applies to failure by the claimant to make an asylum claim or human rights claim before being notified of an immigration decision, unless the claim relies wholly on matters arising after the notification.

(6) This section also applies to failure by the claimant to make an asylum claim or human rights claim before being arrested under an immigration provision, unless—

(a) he had no reasonable opportunity to make the claim before the arrest, or
(b) the claim relies wholly on matters arising after the arrest.
(7) In this section— “asylum claim” has the meaning given by section 113(1) of the Nationality, Immigration and Asylum Act 2002 (c. 41) (subject to subsection (9) below) , “deciding authority” means— (a) an immigration officer, (b) the Secretary of State, (c) the Asylum and Immigration Tribunal, or (d) the Special Immigration Appeals Commission, “human rights claim” has the meaning given by section 113(1) of the Nationality, Immigration and Asylum Act 2002 (subject to subsection (9) below) , “immigration decision” means— (a) refusal of leave to enter the United Kingdom, (b) refusal to vary a person’s leave to enter or remain in the United Kingdom, (c) grant of leave to enter or remain in the United Kingdom, (d) a decision that a person is to be removed from the United Kingdom by way of directions under section 10(1) (a) , (b) , (ba) or (c) of the Immigration and Asylum Act 1999 (c. 33) (removal of persons unlawfully in United Kingdom) , (e) a decision that a person is to be removed from the United Kingdom by way of directions under paragraphs 8 to 12 of Schedule 2 to the Immigration Act 1971 (c. 77) (control of entry: removal) , (f) a decision to make a deportation order under section 5(1) of that Act, and (g) a decision to take action in relation to a person in connection with extradition from the United Kingdom, “immigration provision” means— (a) sections 28A, 28AA, 28B, 28C and 28CA of the Immigration Act 1971 (immigration offences: enforcement) , (b) paragraph 17 of Schedule 2 to that Act (control of entry) , (c) section 14 of this Act, and (d) a provision of the Extradition Act 1989 (c. 33) or 2003 (c. 41) , “notified” means notified in such manner as may be specified by regulations made by the Secretary of State, “passport” includes a document which relates to a national of a country other than the United Kingdom and which is designed to serve the same purpose as a passport, and “safe country” means a country to which Part 2 of Schedule 3 applies.

(8) A passport produced by or on behalf of a person is valid for the purposes of subsection (3) (b) if it—

(a) relates to the person by whom or on whose behalf it is produced,
(b) has not been altered otherwise than by or with the permission of the authority who issued it, and
(c) was not obtained by deception.
(9) In subsection (4) a reference to an asylum claim or human rights claim shall be treated as including a reference to a claim of entitlement to remain in a country other than the United Kingdom made by reference to the rights that a person invokes in making an asylum claim or a human rights claim in the United Kingdom.

(10) Regulations under subsection (7) specifying a manner of notification may, in particular—

(a) apply or refer to regulations under section 105 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (notice of immigration decisions) ;
(b) make provision similar to provision that is or could be made by regulations under that section;
(c) modify a provision of regulations under that section in its effect for the purpose of regulations under this section;
(d) provide for notice to be treated as received at a specified time if sent to a specified class of place in a specified manner.
(11) Regulations under subsection (7) specifying a manner of notification—

(a) may make incidental, consequential or transitional provision,
(b) shall be made by statutory instrument, and
(c) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(12) This section shall not prevent a deciding authority from determining not to believe a statement on the grounds of behaviour to which this section does not apply.

(13) Before the coming into force of section 26 a reference in this section to the Asylum and Immigration Tribunal shall be treated as a reference to—

(a) an adjudicator appointed, or treated as if appointed, under section 81 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (appeals) , and
(b) the Immigration Appeal Tribunal.
Annotations:

Commencement Information

I9 S. 8(1)-(6) (8) (9) (12) (13) in force at 1.1.2005 by S.I. 2004/3398, art. 2

I10 S. 8(7)(10)(11) in force at 1.10.2004 for specified purposes by S.I. 2004/2523, art. 2, Sch.

I11 S. 8(7)(10)(11) in force at 1.1.2005 in so far as not already in force by S.I. 2004/3398, art. 2


9 Failed asylum seekers: withdrawal of support

(1) In Schedule 3 to the Nationality, Immigration and Asylum Act 2002 (withholding and withdrawal of support) after paragraph 7 insert— “Fifth class of ineligible person: failed asylum-seeker with family
7A (1) Paragraph 1 applies to a person if—
(a) he—
(i) is treated as an asylum-seeker for the purposes of Part VI of the Immigration and Asylum Act 1999 (c. 33) (support) by virtue only of section 94(3A) (failed asylum-seeker with dependent child) , or
(ii) is treated as an asylum-seeker for the purposes of Part 2 of this Act by virtue only of section 18(2) ,
(b) the Secretary of State has certified that in his opinion the person has failed without reasonable excuse to take reasonable steps—
(i) to leave the United Kingdom voluntarily, or
(ii) to place himself in a position in which he is able to leave the United Kingdom voluntarily,
(c) the person has received a copy of the Secretary of State’s certificate, and
(d) the period of 14 days, beginning with the date on which the person receives the copy of the certificate, has elapsed.
(2) Paragraph 1 also applies to a dependant of a person to whom that paragraph applies by virtue of sub-paragraph (1).
(3) For the purpose of sub-paragraph (1) (d) if the Secretary of State sends a copy of a certificate by first class post to a person’s last known address, the person shall be treated as receiving the copy on the second day after the day on which it was posted.
(4) The Secretary of State may by regulations vary the period specified in sub-paragraph (1) (d).”
(2) In paragraph 14(1) and (2) of Schedule 3 to the Nationality, Immigration and Asylum Act 2002 (local authority to notify Secretary of State) for “paragraph 6 or 7” substitute “ paragraph 6, 7 or 7A ”.

(3) No appeal may be brought under section 103 of the Immigration and Asylum Act 1999 (asylum support appeal) against a decision—

(a) that by virtue of a provision of Schedule 3 to the Nationality, Immigration and Asylum Act 2002 (c. 41) other than paragraph 7A a person is not qualified to receive support, or
(b) on the grounds of the application of a provision of that Schedule other than paragraph 7A, to stop providing support to a person.
(4) On an appeal under section 103 of the Immigration and Asylum Act 1999 (c. 33) against a decision made by virtue of paragraph 7A of Schedule 3 to the Nationality, Immigration and Asylum Act 2002 the[F9 First-tier Tribunal] may, in particular—

(a) annul a certificate of the Secretary of State issued for the purposes of that paragraph;
(b) require the Secretary of State to reconsider the matters certified.
(5) An order under section 48 providing for this section to come into force may, in particular, provide for this section to have effect with specified modifications before the coming into force of a provision of the Nationality, Immigration and Asylum Act 2002.

Annotations:

Amendments (Textual)

F9 Words in s. 9(4) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 203

Commencement Information

I12 S. 9 in force at 1.12.2004 by S.I. 2004/2999, art. 2, Sch. (with arts. 3, 4)


10 Failed asylum seekers: accommodation

(1) At the end of section 4 of the Immigration and Asylum Act 1999 (provision of accommodation for failed asylum seekers, &c.) add—

“(5) The Secretary of State may make regulations specifying criteria to be used in determining—
(a) whether or not to provide accommodation, or arrange for the provision of accommodation, for a person under this section;
(b) whether or not to continue to provide accommodation, or arrange for the provision of accommodation, for a person under this section.
(6) The regulations may, in particular—
(a) provide for the continuation of the provision of accommodation for a person to be conditional upon his performance of or participation in community activities in accordance with arrangements made by the Secretary of State;
(b) provide for the continuation of the provision of accommodation to be subject to other conditions;
(c) provide for the provision of accommodation (or the continuation of the provision of accommodation) to be a matter for the Secretary of State’s discretion to a specified extent or in a specified class of case.
(7) For the purposes of subsection (6) (a) —
(a) “ community activities ” means activities that appear to the Secretary of State to be beneficial to the public or a section of the public, and
(b) the Secretary of State may, in particular—
(i) appoint one person to supervise or manage the performance of or participation in activities by another person;
(ii) enter into a contract (with a local authority or any other person) for the provision of services by way of making arrangements for community activities in accordance with this section;
(iii) pay, or arrange for the payment of, allowances to a person performing or participating in community activities in accordance with arrangements under this section.
(8) Regulations by virtue of subsection (6) (a) may, in particular, provide for a condition requiring the performance of or participation in community activities to apply to a person only if the Secretary of State has made arrangements for community activities in an area that includes the place where accommodation is provided for the person.
(9) A local authority or other person may undertake to manage or participate in arrangements for community activities in accordance with this section.”
(2) In section 166(5) of that Act (regulations: affirmative instrument) before paragraph (a) insert—

“(za) section 4(5) ,”.
(3) In section 103 of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-seekers: appeal) as it has effect before the commencement of section 53 of the Nationality, Immigration and Asylum Act 2002 (c. 41) —

(a) after subsection (2) insert—
“(2A) If the Secretary of State decides not to provide accommodation for a person under section 4, or not to continue to provide accommodation for a person under section 4, the person may appeal to an adjudicator.”, and
(b) in subsections (6) and (7) for “section 95” substitute “ section 4 or 95 ”.
(4) In section 103 of the Immigration and Asylum Act 1999 (support for asylum-seekers: appeal) as it has effect after the commencement of section 53 of the Nationality, Immigration and Asylum Act 2002—

(a) for subsection (1) substitute—
“(1) This section applies where a person has applied for support under all or any of the following provisions—
(a) section 4,
(b) section 95, and
(c) section 17 of the Nationality, Immigration and Asylum Act 2002.”,
(b) in subsection (4) (a) for “the other provision” substitute “ another of those provisions ”, and
(c) in subsection (7) for “subsection (1) (a) or (b) ” substitute “ subsection (1) ”.
(5) In section 103A of the Immigration and Asylum Act 1999 (appeal about location of support) in subsection (1) (and in the heading) for “section 95” substitute “ section 4 or 95 ”.

(6) In an amendment made by this section a reference to providing accommodation includes a reference to arranging for the provision of accommodation.

(7) Regulations under section 4(5) (b) of the Immigration and Asylum Act 1999 (c. 33) (as inserted by subsection (1) above) may apply to persons receiving support under section 4 when the regulations come into force.

Annotations:

Commencement Information

I13 S. 10(1)(2)(6)(7) in force at 1.12.2004 by S.I. 2004/2999, art. 2, Sch.

I14 S. 10(3)(4)(5) in force at 31.3.2005 by S.I. 2005/372, art. 2


11 Accommodation for asylum seekers: local connection

(1) At the end of section 199 of the Housing Act 1996 (c. 52) (local connection) add—

“(6) A person has a local connection with the district of a local housing authority if he was (at any time) provided with accommodation in that district under section 95 of the Immigration and Asylum Act 1999 (support for asylum seekers).
(7) But subsection (6) does not apply—
(a) to the provision of accommodation for a person in a district of a local housing authority if he was subsequently provided with accommodation in the district of another local housing authority under section 95 of that Act, or
(b) to the provision of accommodation in an accommodation centre by virtue of section 22 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (use of accommodation centres for section 95 support).”
(2) Subsection (3) applies where—

(a) a local housing authority would (but for subsection (3) ) be obliged to secure that accommodation is available for occupation by a person under section 193 of the Housing Act 1996 (homeless persons) ,
(b) the person was (at any time) provided with accommodation in a place in Scotland under section 95 of the Immigration and Asylum Act 1999 (support for asylum seekers) ,
(c) the accommodation was not provided in an accommodation centre by virtue of section 22 of the Nationality, Immigration and Asylum Act 2002 (use of accommodation centres for section 95 support) , and
(d) the person has neither—
(i) a local connection with the district of a local housing authority (in England or Wales) within the meaning of section 199 of the Housing Act 1996 as amended by subsection (1) above, nor
(ii) a local connection with a district (in Scotland) within the meaning of section 27 of the Housing (Scotland) Act 1987 (c. 26).
(3) Where this subsection applies—

(a) the duty of the local housing authority under section 193 of the Housing Act 1996 in relation to the person shall not apply, but
(b) the local housing authority—
(i) may secure that accommodation is available for occupation by the person for a period giving him a reasonable opportunity of securing accommodation for his occupation, and
(ii) may provide the person (or secure that he is provided with) advice and assistance in any attempts he may make to secure that accommodation becomes available for his occupation.
Annotations:

Commencement Information

I15 S. 11 in force at 4.1.2005 by S.I. 2004/2999, art. 2, Sch.


12 Refugee: back-dating of benefits

(1) Section 123 of the Immigration and Asylum Act 1999 (c. 33) (back-dating of benefits for refugees) shall cease to have effect.

(2) Accordingly (and without prejudice to any other implied repeal, revocation or amendment) the following (each of which concerns the treatment of refugees) lapse—

(a) in the Income Support (General) Regulations 1987 (S.I. 1987/1967) —
(i) regulation 21ZB,
(ii) paragraph 18A of Schedule 1B, and
(iii) paragraph 57 of Schedule 9,
(b) in the Income Support (General) Regulations (Northern Ireland) 1987 (S.R. 1987 No. 459) —
(i) regulation 21A,
(ii) paragraph 18A of Schedule 1B, and
(iii) paragraph 57 of Schedule 9,
(c) in the Social Security (Claims and Payments) Regulations 1987 (S.I. 1987/1968) —
(i) regulation 4(3C) ,
(ii) regulation 6(4D) , and
(iii) regulation 19(8) ,
(d) in the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 (S.R. 1987 No. 465) —
(i) regulation 4(3C) ,
(ii) regulation 6(4D) , and
(iii) regulation 19(8) ,
(e) in the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971) —
(i) regulation 7B,
(ii) Schedule A1,
(iii) paragraphs 61 and 62 of Schedule 4, and
(iv) paragraphs 50 and 51 of Schedule 5,
(f) in the Housing Benefit (General) Regulations (Northern Ireland) 1987 (S.R. 1987 No. 461) —
(i) regulation 7B,
(ii) Schedule A1,
(iii) paragraphs 62 and 63 of Schedule 4, and
(iv) paragraphs 48 and 49 of Schedule 5, and
(g) in the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/ 1814) —
(i) regulation 4D,
(ii) Schedule A1,
(iii) paragraphs 60 and 61 of Schedule 4, and
(iv) paragraphs 50 and 51 of Schedule 5.
(3) Regulation 12(1) and (2) of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636) (which save for transitional purposes the effect of provision made for back-payment of benefits for refugees under section 11(2) of the Asylum and Immigration Act 1996 (c. 49) ) shall cease to have effect.

(4) Regulation 11(1) and (2) of the Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000 (S.R. 2000 No. 71) (which make similar transitional savings) shall cease to have effect.

(5) An order under section 48 bringing this section into force may, in particular, provide for this section to have effect in relation to persons recorded as refugees after a specified date (irrespective of when the process resulting in the record was begun).

Annotations:

Commencement Information

I16 S. 12 in force at 14.6.2007 by S.I. 2007/1602, art. 2(1) (with art. 2(3))