Explanatory Notes

Immigration and Asylum Act 1999

1999 CHAPTER 33

11 November 1999

Commentary on Sections

Schedule 9

Section 103: Asylum support: Appeals

317.This section provides that a person may appeal to an Asylum Support Adjudicator against a refusal of support, or the termination of support before the applicant’s asylum application has been determined (eg when he is required to leave accommodation because of misbehaviour); no other matters may at present be considered by the Asylum Support Adjudicator. If the Asylum Support Adjudicator finds in favour of the applicant he may either require the Secretary of State to reconsider his decision, or he may substitute his own decision. There is to be no further route of appeal against the Asylum Support Adjudicator’s decision (although judicial review will be available). Where the adjudicator has rejected an appeal, that person has no right to make a further application for support under Part VI unless there has been a material change in his circumstances. A power exists for the jurisdiction of the Asylum Support Adjudicators to be extended by regulations, at a future date, to include decisions on where support is to be provided. This section also provides that reasonable travelling costs incurred by an appellant to attend a hearing may be paid.