Nationality, Immigration and Asylum Act 2002 Explanatory Notes

Part 3 - Other Support and Assistance

6.The new asylum system will be based on a network of induction, accommodation and reporting centres as well as existing National Asylum Support Service (“NASS”) accommodation. Part 3 of the Act enables reporting and residence requirements to be imposed on all asylum-seekers and allows for the discontinuation of support to asylum-seekers who fail without reasonable cause to report as required. The Act also includes a number of provisions about the way in which those in the asylum system are supported. It also includes a provision for the Secretary of State to make payments to local authorities and voluntary organisations to reimburse them for the support they have provided for Unaccompanied Asylum Seeking Children (“UASCs”). This does not affect the amount paid to local authorities.

7.Part 3 of the Act also contains provisions making certain categories of person ineligible for support unless provision is made in regulations to the contrary. Examples include those who have refugee status in another EU Member State and persons unlawfully in the UK. Part 3 additionally prohibits, subject to certain exceptions, the provision of support to asylum seekers who fail to make their asylum claim as soon as reasonably practicable after their arrival in the UK.

8.This Part of the Act also contains provision enabling funding of a voluntary assisted return programme (“VARP”) and international projects. The VARP is a means by which assistance is provided to asylum-seekers who wish to return home. The current VARP scheme is administered for the Home Office by the International Organisation for Migration in partnership with Refugee Action. Examples of international projects that may be funded under the power include resettlement and the "interception assisted return programmes". The power would allow funding of a United Kingdom resettlement programme which would allow a scheme to be established whereby those who cannot be protected in their region of origin may be entitled to have their claim for protection considered before they reach the United Kingdom, and enable the cost of their travel and settlement here to be met. Any resettlement programme would operate in addition to the current asylum determination procedures. This provision also enables the Secretary of State to participate in research projects relating to migration, and fund organisations and bodies that are involved in such projects.

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