Treatment of claimants

17Support for failed asylum-seekers

1

This section applies for the purposes of—

a

Part 6 (and section 4) of the Immigration and Asylum Act 1999 (support and accommodation for asylum-seekers),

b

Part 2 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (accommodation centres), and

c

Schedule 3 to that Act (withholding and withdrawal of support).

2

A person (A-S) remains (or again becomes) an asylum-seeker, despite the fact that the claim for asylum made by A-S has been determined, during any period when—

a

A-S can bring an in-country appeal F1... under section 82 of the 2002 Act or section 2 of the Special Immigration Appeals Commission Act 1997 (c. 68), or

b

an in-country appeal, brought by A-S under either of those sections F2..., is pending (within the meaning of section 104 of the 2002 Act).

3

For the purposes of subsection (2)—

a

“in-country” appeal means an appeal brought while the appellant is in the United Kingdom, and

b

the possibility of an appeal out of time with permission shall be ignored.

4

For the purposes of the provisions mentioned in subsection (1)(a) and (b), a person's status as an asylum-seeker by virtue of subsection (2)(b) continues for a prescribed period after the appeal ceases to be pending.

5

In subsection (4) “prescribed” means prescribed by regulations made by the Secretary of State; and the regulations—

a

may contain incidental or transitional provision,

b

may make different provision for different classes of case,

c

shall be made by statutory instrument, and

d

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

6

This section shall be treated as always having had effect.