Immigration Bill (HC Bill 74)

(i) in the Immigration, Asylum and Nationality Act 2006, omit section
43(1)(b), (2) and (7);

(j) in the UK Borders Act 2007—

(i) in section 17, in subsection (1)(a), omit “(and section 4)”, and

(ii) 5in section 40, in subsection (1), omit paragraph (e);

(k) in Schedule 1 to the Legal Aid, Sentencing and Punishment of
Offenders Act 2012, in paragraph 31(1)(a), omit “4 or”.

Power to support people making further submissions in relation to protection claims

3 (1) Section 94 of the Immigration and Asylum Act 1999 (interpretation of Part 6)
10is amended as follows.

(2) In subsection (1)—

(a) for the definition of “asylum-seeker” substitute—

• “““asylum-seeker” means a person falling within
  subsection (2A) or (2B) (but see also subsection
  15(3C));”;”

(b) omit the definition of “claim for asylum”;

(c) before the definition of “housing accommodation” insert—

• “““further qualifying submissions” has the meaning
  given by subsection (2C);”;”

(d) 20after the definition of “Northern Ireland authority” insert—

• “““protection claim” has the meaning given by section
  82(2) of the Nationality, Immigration and Asylum Act
  2002;”.”

(3) After subsection (2) insert—

“(2A) 25A person is an asylum-seeker for the purposes of this Part if—

(a) the person is at least 18 years old,

(b) the person has made a protection claim, and

(c) the person’s claim—

(i) has been recorded by the Secretary of State, but

(ii) 30has not been determined.

(2B) A person is also an asylum-seeker for the purposes of this Part if—

(a) the person is at least 18 years old,

(b) the person has made further qualifying submissions (see
subsection (2C)), and

(c) 35the person’s submissions—

(i) have been recorded by the Secretary of State, but

(ii) have not been determined before the end of such
period as may be prescribed.

(2C) A person makes “further qualifying submissions” if—

(a) 40the person makes submissions to the Secretary of State that
the person’s removal from the United Kingdom would
breach any of the obligations mentioned in section 82(2)(a)(i)
or (ii) of the Nationality, Immigration and Asylum Act 2002
(protection claims), and

(b) 45the submissions fall to be considered by the Secretary of State
under paragraph 353 of the immigration rules.””

(4) In subsection (3), for “claim for asylum” substitute “protection claim”.

(5) After subsection (3) insert—

“(3A) For the purposes of this Part, further qualifying submissions made
by a person are determined—

(a) 5at the end of a prescribed period beginning with the relevant
day (see subsection (3B)), or

(b) in a case where no period is prescribed for the purposes of
paragraph (a), at the end of the relevant day.

(3B) In subsection (3A) “the relevant day” means the day on which the
10Secretary of State notifies the person that the submissions made by
the person are to be—

(a) accepted,

(b) rejected without being treated as a fresh protection claim, or

(c) treated as a fresh protection claim.

(3C) 15If—

(a) further qualifying submissions made by a person are rejected
without being treated as a fresh protection claim, and

(b) the person is granted permission to apply for judicial review
of that rejection,

20the person is to be treated as an asylum-seeker for the purposes of
this Part during the review period (see subsection (3D)).

(3D) In subsection (3C) “the review period” means the period—

(a) beginning with the day on which permission to apply for
judicial review is granted, and

(b) 25ending with—

(i) a prescribed period beginning with the day on which
the judicial review is disposed of, or

(ii) in a case where no period is prescribed for the
purposes of sub-paragraph (i), that day.””

(6) 30In subsection (8), after “subsection (3)” insert “or (3B)”.

4 In consequence of the repeal made by paragraph 3(2)(b)—

(a) in section 96 of the Immigration and Asylum Act 1999 (ways in
which support may be provided), in subsection (1)(c), for “claim for
asylum” substitute “protection claim”;

(b) 35in section 141 of that Act (fingerprinting)—

(i) in subsections (7)(e), (8)(e) and (9)(e), for “claim for asylum”
substitute “protection claim”, and

(ii) in subsection (15), for ““Claim for asylum”” substitute
““Protection claim””;

(c) 40in section 167 of that Act (interpretation), in subsection (1), in the
definition of “claim for asylum”, for “Parts V and VI” substitute “Part
5”;

(d) in Schedule 8 to that Act (provision of support: regulations), in
paragraph 9(2)(b), for “claim for asylum” substitute “protection
45claim”;

(e) in section 135 of the Criminal Justice and Immigration Act 2008
(support: supplemental), in subsection (5), for “claim for asylum”
substitute “protection claim”.

Power to support failed asylum-seekers

5 5Part 6 of the Immigration and Asylum Act 1999 (support for asylum-seekers)
is amended as follows.

6 The heading of the Part becomes “Support for asylum-seekers, etc”.

7 (1) Section 94 (interpretation of Part 6) is amended as follows.

(2) In subsection (1)—

(a) 10in the definition of “dependant”, after “asylum-seeker” insert “, a
failed asylum-seeker”;

(b) after the definition of “the Executive” insert—

• “““failed asylum-seeker” has the meaning given by
  subsection (2D);”;”

(c) 15for the definition of “supported person” substitute—

• “““supported person” means—

  (a)

  in relation to support under section 95, an
  asylum-seeker, or a dependant of an asylum-
  seeker, who has applied for support and for
  20whom support is provided under that section,
  and

  (b)

  in relation to support under section 95A, a
  failed asylum-seeker, or a dependant of a
  failed asylum-seeker, who has applied for
  25support and for whom support is provided
  under that section.””

(3) In subsection (2), after “section 95” insert “or 95A”.

(4) After subsection (2C) (inserted by paragraph 3(3) above) insert—

“(2D) A person is a failed asylum-seeker for the purposes of this Part if—

(a) 30the person is at least 18 years old,

(b) the person—

(i) was an asylum-seeker, or

(ii) would have been an asylum-seeker at any time if the
person had been at least 18 years old at that time,

(c) 35the person’s protection claim has been rejected, and

(d) the person is not an asylum-seeker.””

(5) Omit subsections (5) and (6).

8 In section 95 (persons for whom support may be provided), the heading
becomes “Support for asylum-seekers, etc”.

9 40After section 95 insert—

“95A Support for failed asylum-seekers, etc who are unable to leave UK

(1) The Secretary of State may provide, or arrange for the provision of, support
for a person, for such period or periods as may be prescribed, if—

(a) the person is a failed asylum-seeker, or a dependant of a failed
asylum-seeker,

(b) an application for support under this section is made in respect of
the person which meets such requirements as may be prescribed,

(c) 5it appears to the Secretary of State that the person is destitute, or
likely to become destitute within such period as may be prescribed,
and

(d) the person faces a genuine obstacle to leaving the United Kingdom.

(2) Subsections (3) to (8) of section 95 (meaning of “destitute”) apply for
10the purposes of this section as they apply for the purposes of that
section.

(3) Regulations made by the Secretary of State may make provision for
determining what is, or is not, to be regarded as a genuine obstacle
to leaving the United Kingdom for the purposes of this section.

(4) 15The Secretary of State may make regulations prescribing other
criteria to be used in determining—

(a) whether or not to provide support, or arrange for the
provision of support, for a person under this section;

(b) whether or not to continue to provide support, or arrange for
20the provision of support, for a person under this section.

(5) Regulations under subsection (4) may, in particular—

(a) provide for the provision of support (or the continuation of
the provision of support) to be subject to conditions;

(b) provide for the provision of support (or the continuation of
25the provision of support) to be a matter for the Secretary of
State’s discretion to a prescribed extent or in cases of a
prescribed description.

(6) A condition imposed by regulations under subsection (5)(a) may, in
particular, relate to any of the following—

(a) 30any matter relating to the use of the support provided;

(b) compliance with a restriction imposed under paragraph 21 of
Schedule 2 to the 1971 Act (temporary admission or release
from detention) or paragraph 2 or 5 of Schedule 3 to that Act
(restriction pending deportation);

(c) 35the person’s performance of, or participation in, community
activities in accordance with arrangements made by the
Secretary of State.

(7) A copy of any conditions imposed by regulations under subsection
(5)(a) must be given to the supported person.

(8) 40For the purposes of subsection (6)(c)—

(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) 45appoint 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) 5pay, or arrange for the payment of, allowances to a person
performing or participating in community activities in
accordance with arrangements under this section.

(9) Regulations by virtue of subsection (6)(c) may, in particular, provide
for a condition requiring the performance of, or participation in,
10community activities to apply to a person only if—

(a) accommodation is to be, or is being, provided for the person
under this section, and

(b) the Secretary of State has made arrangements for community
activities in an area that includes the place where the
15accommodation is to be, or is being, provided.

(10) A local authority or other person may undertake to manage or
participate in arrangements for community activities in accordance
with this section.

(11) The powers conferred by Schedule 8 (supplementary regulation-
20making powers) are exercisable with respect to the powers conferred
by this section as they are exercisable with respect to the powers
conferred by section 95, but with the modification in subsection (12).

(12) Paragraph 9 of Schedule 8 (notice to quit) has effect with respect to
the powers conferred by this section as if sub-paragraph (2)(b) were
25omitted.””

10 (1) Section 96 (ways in which support may be provided) is amended as follows.

(2) In subsection (1)—

(a) after “section 95” insert “or 95A”;

(b) in paragraph (c), for “the asylum-seeker” substitute “an asylum-
30seeker”;

(c) in paragraph (d)—

(i) for “the asylum-seeker” substitute “an asylum-seeker”, and

(ii) after “dependants” insert “, or a failed asylum-seeker and his
dependants,”;

(d) 35in paragraph (e)—

(i) for “the asylum-seeker” substitute “an asylum-seeker”, and

(ii) after “dependants” insert “, or a failed asylum-seeker and his
dependants,”.

(3) After subsection (1) insert—

“(1A) 40Support under section 95A may, in particular, be provided in the
form of vouchers which may be exchanged for goods or services (as
well as in the form of cash).””

(4) In subsection (2), after “section 95” insert “or 95A”.

11 (1) Section 97 (supplemental) is amended as follows.

(2) 45In subsection (1)—

(a) after “section 95” insert “or 95A”;

(b) after “regard to” insert “the following”;

(c) in paragraph (a), at the beginning insert “in the case of the provision
of accommodation under section 95,”.

(3) In subsections (4), (5) and (7), after “section 95” insert “or 95A”.

12 5In section 98, the heading becomes “Temporary support for asylum-
seekers, etc”.

13 After section 98 insert—

“98A Temporary support for failed asylum-seekers, etc

(1) The Secretary of State may provide, or arrange for the provision of, support
10for persons within subsection (2) who it appears to the Secretary of State—

(a) may be destitute, and

(b) may face a genuine obstacle to leaving the United Kingdom.

(2) The persons referred to in subsection (1) are—

(a) failed asylum-seekers, and

(b) 15dependants of failed asylum-seekers.

(a)(a)failed asylum-seekers, and

(b) dependants of failed asylum-seekers.

(3) Support may be provided under this section only until the Secretary
of State is able to determine whether support may be provided under
20section 95A.

(4) Subsections (3) to (12) of section 95A apply for the purposes of this
section as they apply for the purposes of that section.””

14 (1) Section 99 (provision of support by local authorities) is amended as follows.

(2) In subsection (1), for “or 98” substitute “95A, 98 or 98A”.

(3) 25In subsection (3)—

(a) after “section 95” insert “or 95A”;

(b) for “section 96(1) and (2)” substitute “section 96(1) to (2)”.

(4) In subsection (4), for “or 98” substitute “95A, 98 or 98A”.

15 In section 100 (local authority and other assistance for Secretary of State), in
30subsection (1), after “section 95” insert “or 95A”.

16 In section 101 (reception zones), in subsection (3), after “section 95” (in both
places where it occurs) insert “or 95A”.

17 In section 112 (recovery of expenditure on support: misrepresentation etc),
in subsections (1)(b) and (3), for “section 95 or 98” substitute “section 95, 95A,
3598 or 98A”.

18 In section 113 (recovery of expenditure on support from sponsor), in
subsections (1)(b), (4) and (5)(a), after “section 95” insert “or 95A”.

19 (1) Section 114 (overpayments) is amended as follows.

(2) In subsection (1), for “section 95 or 98” substitute “section 95, 95A, 98 or
4098A”.

(3) In subsection (4), for “section 95” substitute “section 95, 95A or 98A”.

20 In section 118 (housing authority accommodation), in subsection (1)(b), for
“or 98” substitute “95A, 98 or 98A”.

21 (1) Section 122 (support for children) is amended as follows.

(2) In subsection (1), after “section 95” insert “or 95A”.

(3) In subsection (2), after “section 95” insert “or (as the case may be) 95A”.

(4) In subsections (3) and (4), after “section 95” insert “or 95A”.

(5) 5In subsection (5)—

(a) in paragraph (b)(i), after “section 95” insert “or 95A”, and

(b) in paragraph (b)(ii), after “section 95” insert “or (as the case may be)
95A”.

22 (1) Section 125 (entry of premises) is amended as follows.

(2) 10In subsection (1), for “section 95 or 98” substitute “section 95, 95A, 98 or
98A”.

(3) In subsection (2)—

(a) in paragraph (b), at the beginning insert “in the case of
accommodation provided under section 95 or 98,”;

(b) 15after that paragraph insert—

“(ba) in the case of accommodation provided under section
95A or 98A, the accommodation is being used for any
purpose other than the accommodation of the failed
asylum-seeker or any dependant of his,”.”

23 20In section 127 (requirement to supply information about redirection of post),
in subsection (1)(c), after “asylum-seekers” insert “or failed asylum-seekers”.

24 In section 26A of the Immigration Act 1971 (registration card), in subsection
(1)(b), after sub-paragraph (i) insert—

“(“ia) a claim for support under section 95A of the
25Immigration and Asylum Act 1999 (whether or not
made by that person).””

25 (1) The Nationality, Immigration and Asylum Act 2002 is amended as follows.

(2) In section 18 (definition of asylum-seeker for purposes of Part 2), omit
subsection (2).

(3) 30In section 26 (withdrawal of support), in subsection (3)—

(a) for “95 or 98” substitute “95, 95A, 98 or 98A”;

(b) omit “(asylum-seeker)”.

(4) In section 35—

(a) in subsection (2), for “section 95 or 98” substitute “section 95, 95A, 98
35or 98A”;

(b) in subsection (3), after “section 95” insert “or 95A”.

(5) In section 43—

(a) in subsection (1), for “asylum-seeker” substitute “asylum-seekers
and failed asylum-seekers, etc”;

(b) 40the heading of that section becomes “Form of support under Part 6
of the Immigration and Asylum Act 1999”.

(6) In section 51 (choice of form of support), in subsection (2), omit the “and”

after paragraph (b) and after paragraph (c) insert “, and

(d) sections 95A and 98A of that Act (support for destitute failed
asylum-seekers).””

(7) In section 55 (late claim for asylum: refusal of support), in subsection (2),
5after paragraph (a) insert—

“(aa) sections 95A and 98A of that Act (support for failed asylum-
seeker, &c),”.”

(8) In Schedule 3 (withholding and withdrawal of support)—

(a) omit paragraph 7A;

(b) 10in paragraph 14(1) and (2), for “, 7 or 7A” substitute “or 7”.

26 In section 9 of the Asylum and Immigration (Treatment of Claimants, etc.)
Act 2004 (failed asylum-seekers: withdrawal of support)—

(a) omit subsections (1) and (4);

(b) in subsection (3)(a) and (b), omit “other than paragraph 7A”.

27 (1) 15The Immigration, Asylum and Nationality Act 2006 is amended as follows.

(2) In section 43 (accommodation)—

(a) in subsection (5), for the words from “section 4” to the end substitute
“section 95A of the Immigration and Asylum Act 1999 (support for
failed asylum-seekers, etc)”;

(b) 20in subsection (6), for “subsection (4)” substitute “subsection (5)”.

(3) Omit section 44 (power to repeal paragraph 7A of Schedule 3 to the
Nationality, Immigration and Asylum Act 2002).

28 In section 40 of the UK Borders Act 2007 (supply of Revenue and Customs
information), in subsection (1)(f), for “asylum-seekers and their dependants”
25substitute “persons”.

Accommodation centres: definition of “asylum-seeker” etc

29 (1) Section 18 of the Nationality, Immigration and Asylum Act 2002 (definition
of asylum-seeker for purposes of Part 2) is amended as follows.

(2) For subsection (1) substitute—

“(1) 30For the purposes of this Part a person is an “asylum-seeker” if—

(a) the person is at least 18 years old,

(b) the person has made a protection claim, and

(c) the person’s claim—

(i) has been recorded by the Secretary of State, but

(ii) 35has not been determined.

(1A) A person is also an “asylum-seeker” for the purposes of this Part if
the person is an asylum-seeker for the purposes of Part 6 of the
Immigration and Asylum Act 1999 by virtue of section 94(2B) or (3C)
of that Act.””

(3) 40For subsection (3) substitute—

“(3) “Protection claim” has the meaning given by section 82(2).””

30 (1) In consequence of the amendment made by paragraph 29(3), section 26A of
the Immigration Act 1971 (registration card) is amended as follows.

(2) In subsection (1)(b)(i), for “claim for asylum” substitute “protection claim”.

(3) In subsection (2), for ““claim for asylum”” substitute ““protection claim””.

31 5In consequence of the amendments made by paragraph 29, the Nationality,
Immigration and Asylum Act 2002 is amended as follows.

32 In section 16 (establishment of accommodation centres), in subsection (3)(b),
for “claims for asylum” substitute “protection claims”.

33 In section 21(3), for “claim for asylum” substitute “protection claim”.

34 10In section 29 (facilities), in subsection (1)(c), for “claim for asylum” substitute
“protection claim”.

35 (1) Section 55 (late claim for asylum: refusal of support) is amended as follows.

(2) In subsections (1)(a), (3)(a) and (6)(a), for “claim for asylum” substitute
“protection claim”.

(3) 15In subsection (9), for ““claim for asylum”” substitute ““protection claim””.

(4) The heading of the section becomes “Late protection claim: refusal of
support”.

36 In section 70 of that Act (induction), in the definition of “asylum-seeker” in
subsection (3), after “section 18(1)(a)” insert “of this Act and section 94(2B)(a)
20of the Immigration and Asylum Act 1999”.

37 (1) Section 71 (asylum-seeker: residence, etc restriction) is amended as follows.

(2) In subsection (1)(a), for “claim for asylum” substitute “protection claim”.

(3) In subsection (5), for ““claim for asylum”” substitute ““protection claim””.

38 In Schedule 3 (withholding and withdrawal of support), in paragraph 17(1),
25for the definition of “asylum-seeker” substitute—

• “““asylum-seeker” has the meaning given by section 18,”.”

Repeal of uncommenced provisions

39 The following provisions of the Nationality, Immigration and Asylum Act
2002, which contain amendments that have never been brought into force,
30are repealed—

(a) section 44 (which amends sections 94 and 95 of the Immigration and
Asylum Act 1999);

(b) sections 45 and 46;

(c) section 47 (which inserts a new section 122 into that Act);

(d) 35section 53 (which inserts new sections 103, 103A and 103B into that
Act).

40 In Schedule 15 to the National Health Service (Wales) Act 2006, in paragraph
2, for sub-paragraph (7) substitute—

“(7) Subsections (3) and (5) to (8) of section 95 of the Immigration and
40Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply
for the purposes of sub-paragraph (6) as they apply for the

purposes of that section, but with references in section 95(5) and
(7) and that paragraph to the Secretary of State being read as
references to a local social services authority.””

41 In Schedule 3 to the National Health Service (Consequential Provisions) Act
52006, omit paragraph 9.

42 In section 21 of the Care Act 2014, for subsections (2) and (3) substitute—

“(2) For the purposes of subsection (1), section 95(3) and (5) to (8) of, and
paragraph 2 of Schedule 8 to, the 1999 Act apply but with references
in section 95(5) and (7) and that paragraph to the Secretary of State
10being read as references to the local authority in question.””

43 In section 46 of the Social Services and Well-being (Wales) Act 2014, for
subsections (2) and (3) substitute—

“(2) For the purposes of subsection (1), section 95(3) and (5) to (8) of, and
paragraph 2 of Schedule 8 to, the 1999 Act apply but with references
15in section 95(5) and (7) and that paragraph to the Secretary of State
being read as references to the local authority in question.””

Part 2 Transitional and saving provision

44 (1) The repeals made by paragraphs 1 and 2 do not apply in relation to—

(a) 20any person for whom accommodation is being provided under
section 4 of the Immigration and Asylum Act 1999 immediately
before the day on which those paragraphs come into force,

(b) any person who has made an application before that day for
accommodation to be provided under that section and whose
25application has not been determined or withdrawn before that day,
and

(c) any person who has appealed before that day against a decision not
to provide accommodation for the person under that section, or a
decision not to continue to provide accommodation for the person
30under that section, and whose appeal has not been determined or
withdrawn before that day.

This is subject to sub-paragraph (2).

(2) The repeals made by paragraph 2(d) (which remove the right to appeal
against a decision not to continue to provide accommodation for a person
35under section 4 of the Immigration and Asylum Act 1999) apply in relation
to any decision not to continue to provide accommodation under that
section for any person within sub-paragraph (1) which is made on or after
the day on which paragraph 2(d) comes into force.

45 (1) The repeal made by paragraph 7(5) does not apply in relation to—

(a) 40any person for whom support is being provided under section 95 of
the Immigration and Asylum Act 1999 by virtue of section 94(5) of
that Act immediately before the day on which paragraph 7(5) comes
into force,

(b) any person who has made an application before that day for support
45to be provided under section 95 of that Act and whose application
has not been determined or withdrawn before that day, and