Search Legislation

UK Borders Act 2007

 Help about what version

What Version

 Help about advanced features

Advanced Features

Status:

Point in time view as at 15/12/2014.

Changes to legislation:

UK Borders Act 2007, Cross Heading: Treatment of claimants is up to date with all changes known to be in force on or before 21 October 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

Treatment of claimantsU.K.

16Conditional leave to enter or remainU.K.

After section 3(1)(c)(iii) of the Immigration Act 1971 (limited leave to enter or remain: conditions) insert—

(iv)a condition requiring him to report to an immigration officer or the Secretary of State; and

(v)a condition about residence.

Commencement Information

I1S. 16 in force at 31.1.2008 by S.I. 2008/99, art. 2(g) (with art. 3)

17Support for failed asylum-seekersU.K.

(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.

Textual Amendments

F1Words in s. 17(2)(a) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 58(a); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F2Words in s. 17(2)(b) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 58(b); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

18Support for asylum-seekers: enforcementU.K.

In Part 6 of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-seekers) after section 109 (offences: supplemental) insert—

109AArrest

An immigration officer may arrest without warrant a person whom the immigration officer reasonably suspects has committed an offence under section 105 or 106.

109B>Entry, search and seizure

(1)An offence under section 105 or 106 shall be treated as—

(a)a relevant offence for the purposes of sections 28B and 28D of the Immigration Act 1971, and

(b)an offence under Part 3 of that Act (criminal proceedings) for the purposes of sections 28(4), 28E, 28G and 28H (search after arrest, &c.) of that Act.

(2)The following provisions of the Immigration Act 1971 (c. 77) shall have effect in connection with an offence under section 105 or 106 of this Act as they have effect in connection with an offence under that Act—

(a)section 28I (seized material: access and copying),

(b)section 28J (search warrants: safeguards),

(c)section 28K (execution of warrants), and

(d)section 28L(1) (interpretation).

Commencement Information

I2S. 18 in force at 31.1.2008 by S.I. 2008/99, art. 2(h)

F319Points-based applications: no new evidence on appealU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3S. 19 repealed (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 60 table; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

Commencement Information

I3S. 19 in force at 23.5.2011 by S.I. 2011/1293, art. 2 (with art. 3)

F420FeesU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4S. 20 repealed (15.12.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 76(b); S.I. 2014/2771, art. 8(d) (with art. 13) (as amended (6.4.2015) by S.I. 2015/371, arts. 1(3), 8(5))

Commencement Information

I4S. 20 in force at 31.1.2008 by S.I. 2008/99, art. 2(i)

F521ChildrenU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources