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Nationality, Immigration and Asylum Act 2002

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This is the original version (as it was originally enacted).

71Asylum-seeker: residence, &c. restriction

This section has no associated Explanatory Notes

(1)This section applies to—

(a)a person who makes a claim for asylum at a time when he has leave to enter or remain in the United Kingdom, and

(b)a dependant of a person within paragraph (a).

(2)The Secretary of State or an immigration officer may impose on a person to whom this section applies any restriction which may be imposed under paragraph 21 of Schedule 2 to the Immigration Act 1971 (c. 77) (control of entry: residence, reporting and occupation restrictions) on a person liable to detention under paragraph 16 of that Schedule.

(3)Where a restriction is imposed on a person under subsection (2)—

(a)the restriction shall be treated for all purposes as a restriction imposed under paragraph 21 of that Schedule, and

(b)if the person fails to comply with the restriction he shall be liable to detention under paragraph 16 of that Schedule.

(4)A restriction imposed on a person under this section shall cease to have effect if he ceases to be an asylum-seeker or the dependant of an asylum-seeker.

(5)In this section—

  • “asylum-seeker” has the same meaning as in section 70,

  • “claim for asylum” has the same meaning as in section 18, and

  • “dependant” means a person who appears to the Secretary of State to be making a claim or application in respect of residence in the United Kingdom by virtue of being a dependant of another person.

(6)Regulations under subsection (5)—

(a)may make different provision for different circumstances,

(b)must be made by statutory instrument, and

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

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