Asylum and Immigration Appeals Act 1993

SCHEDULES

Section 4(5).

[F1 SCHEDULE 1 S+N.I. HOUSING OF ASYLUM SEEKERS AND THEIR DEPENDANTS: SUPPLEMENTARY]

Textual Amendments

F1 Sch. 1 (paras. 1-9) repealed (E.W.) (20.1.1997) by 1996 c. 52, s. 227, Sch. 19 Pt. VIII; S.I. 1996/2959, art. 2

[F2 Qualifying persons] S+N.I.

Textual Amendments

F2 Sch. 1 (paras. 1-9) repealed (E.W.) (20.1.1997) by 1996 c. 52, s. 227, Sch. 19 Pt. VIII; S.I. 1996/2959, art. 2

[F3 1 In this Schedule the expression “qualifying person” means an asylum-seeker or a dependant of an asylum-seeker.]

Textual Amendments

F3 Sch. 1 (paras. 1-9) repealed (E.W.) (20.1.1997) by 1996 c. 52, s. 227, Sch. 19 Pt. VIII; S.I. 1996/2959, art. 2

[F4 Inquiries about applicants] S+N.I.

Textual Amendments

F4 Sch. 1 (paras. 1-9) repealed (E.W.) (20.1.1997) by 1996 c. 52, s. 227, Sch. 19 Pt. VIII; S.I. 1996/2959, art. 2

[F5 2 If a housing authority to whom an application is made have reason to believe that the applicant is a qualifying person, they shall include in the inquiries that they are required to make under section 62 of the M1 Housing Act 1985, section 28 of the M2 Housing (Scotland) Act 1987 or, as the case may be, Article 7 of the M3 Housing (Northern Ireland) Order 1988 such inquiries as are necessary to satisfy them as to whether—

(a) he is a qualifying person; and

(b) if so, whether any duty is owed to him to secure that accommodation is made available for his occupation.]

Textual Amendments

F5 Sch. 1 (paras. 1-9) repealed (E.W.) (20.1.1997) by 1996 c. 52, s. 227, Sch. 19 Pt. VIII; S.I. 1996/2959, art. 2

Marginal Citations

M1 1985 c. 68.

M2 1987 c. 26.

M3 S.I. 1988/1990 (N.I.23).

[F6 Notification of decision and reasons] S+N.I.

Textual Amendments

F6 Sch. 1 (paras. 1-9) repealed (E.W.) (20.1.1997) by 1996 c. 52, s. 227, Sch. 19 Pt. VIII; S.I. 1996/2959, art. 2

[F7 3 (1) Subject to sub-paragraph (2) below, if a housing authority who are dealing with an applicant’s case are satisfied that he is a qualifying person they shall notify him—

(a) that they are so satisfied;

(b) that they are or, as the case may be, are not satisfied that a duty is owed to him to secure that accommodation is made available for his occupation;

(c) if they are the authority to whom the application is made, whether they have notified or propose to notify another housing authority under section 67 of the Act of 1985 or, as the case may be, section 33 of the Act of 1987 (referral of application on grounds of local connection) as modified by paragraph 4 below;

and they shall at the same time notify him of their reasons.

(2) In its application to Northern Ireland, sub-paragraph (1) above shall have effect as if paragraph (c) were omitted.

(3) The notice required to be given to the applicant under sub-paragraph (1) above shall be given in writing and shall, if not received by him, be treated as having been given to him only if it is made available at the authority’s office for a reasonable period for collection by him or on his behalf.

(4) Where notice is given under sub-paragraph (1) above, no notice need be given under section 64 of the Act of 1985, section 30 of the Act of 1987 or, as the case may be, Article 9 of the Order of 1988 (notification of decision and reasons).]

Textual Amendments

F7 Sch. 1 (paras. 1-9) repealed (E.W.) (20.1.1997) by 1996 c. 52, s. 227, Sch. 19 Pt. VIII; S.I. 1996/2959, art. 2

[F8 Referral of application to another housing authority] S+N.I.

Textual Amendments

F8 Sch. 1 (paras. 1-9) repealed (E.W.) (20.1.1997) by 1996 c. 52, s. 227, Sch. 19 Pt. VIII; S.I. 1996/2959, art. 2

[F9 4 (1) If a housing authority to whom an application is made are satisfied that the applicant is a qualifying person and that a duty to secure that accommodation is made available for his occupation is owed to him, the homelessness legislation shall have effect as if in section 67 of the Act of 1985 or, as the case may be, section 33 of the Act of 1987 for paragraph (a) of subsection (1) there were substituted—

“(a) are satisfied that an applicant is a qualifying person and that a duty to secure that accommodation is made available for his occupation is owed to him.”

(2) Sub-paragraph (1) above does not apply in relation to Northern Ireland.]

Textual Amendments

F9 Sch. 1 (paras. 1-9) repealed (E.W.) (20.1.1997) by 1996 c. 52, s. 227, Sch. 19 Pt. VIII; S.I. 1996/2959, art. 2

[F10 Offences] S+N.I.

Textual Amendments

F10 Sch. 1 (paras. 1-9) repealed (E.W.) (20.1.1997) by 1996 c. 52, s. 227, Sch. 19 Pt. VIII; S.I. 1996/2959, art. 2

[F11 5 Section 74 of the Act of 1985, section 40 of the Act of 1987 or, as the case may be, Article 17 of the Order of 1988 applies to statements made or information withheld with intent to induce an authority to believe that a person is or is not an asylum-seeker or a dependant of an asylum-seeker as it applies to statements made or information withheld with the intent mentioned in subsection (1) of section 74, section 40 or, as the case may be, Article 17.]

Textual Amendments

F11 Sch. 1 (paras. 1-9) repealed (E.W.) (20.1.1997) by 1996 c. 52, s. 227, Sch. 19 Pt. VIII; S.I. 1996/2959, art. 2

[F12 Security of tenure] S+N.I.

Textual Amendments

F12 Sch. 1 (paras. 1-9) repealed (E.W.) (20.1.1997) by 1996 c. 52, s. 227, Sch. 19 Pt. VIII; S.I. 1996/2959, art. 2

[F13 6 (1) A tenancy granted in pursuance of any duty under Part III of the Act of 1985 to a person who is a qualifying person cannot be—

(a) a tenancy which is a secure tenancy for the purposes of that Act, or

(b) a tenancy which is an assured tenancy for the purposes of the M4 Housing Act 1988,

before the expiry of the period of twelve months beginning with the date on which the landlord is supplied with written information given by the Secretary of State under paragraph 7 below that the person has ceased to be a qualifying person, unless before the expiry of that period the landlord notifies that person that the tenancy is to be regarded as a secure tenancy or, as the case may be, an assured tenancy.

(2) A tenancy granted in pursuance of any duty under Part II of the Order of 1988 to a person who is a qualifying person cannot be a tenancy which is a secure tenancy for the purposes of Part II of the M5 Housing (Northern Ireland) Order 1983 before the expiry of the period of twelve months beginning with the date on which the landlord is supplied with written information given by the Secretary of State under paragraph 7 below that the person has ceased to be a qualifying person, unless before the expiry of that period the landlord notifies that person that the tenancy is to be regarded as a secure tenancy.]

Textual Amendments

F13 Sch. 1 (paras. 1-9) repealed (E.W.) (20.1.1997) by 1996 c. 52, s. 227, Sch. 19 Pt. VIII; S.I. 1996/2959, art. 2

Marginal Citations

M4 1988 c. 50.

M5 S.I. 1983/1118 (N.I.15).

[F14 Information] S+N.I.

Textual Amendments

F14 Sch. 1 (paras. 1-9) repealed (E.W.) (20.1.1997) by 1996 c. 52, s. 227, Sch. 19 Pt. VIII; S.I. 1996/2959, art. 2

[F15 7 (1) The Secretary of State shall, if requested to do so by a housing authority who are dealing with an applicant’s case, inform the authority whether the applicant has become a qualifying person.

(2) Where information which the Secretary of State is required to give to a housing authority under sub-paragraph (1) above is given otherwise than in writing, he shall confirm it in writing if a written request is made to him by the authority.

(3) If the Secretary of State informs an authority that an applicant has become a qualifying person, he shall, when the applicant ceases to be a qualifying person, inform the authority and the applicant in writing of that event and of the date on which it occurred.]

Textual Amendments

F15 Sch. 1 (paras. 1-9) repealed (E.W.) (20.1.1997) by 1996 c. 52, s. 227, Sch. 19 Pt. VIII; S.I. 1996/2959, art. 2

[F16 Existing applicants] S+N.I.

Textual Amendments

F16 Sch. 1 (paras. 1-9) repealed (E.W.) (20.1.1997) by 1996 c. 52, s. 227, Sch. 19 Pt. VIII; S.I. 1996/2959, art. 2

[F17 8 (1) Nothing in section 4 or section 5 of this Act or this Schedule shall affect—

(a) the right of any person to occupy (or to have made available for his occupation) accommodation which, immediately before the day on which section 4 comes into force, is required to be made available for his occupation in pursuance of the homelessness legislation; or

(b) any application made to a housing authority which immediately before that day is a pending application.

(2) For the purposes of sub-paragraph (1) above an application shall be regarded as pending if it is an application in respect of which the authority have not completed the inquiries that they are required to make under section 62 of the M6 Housing Act 1985, section 28 of the M7 Housing (Scotland) Act 1987 or, as the case may be, Article 7 of the M8 Housing (Northern Ireland) Order 1988.]

Textual Amendments

F17 Sch. 1 (paras. 1-9) repealed (E.W.) (20.1.1997) by 1996 c. 52, s. 227, Sch. 19 Pt. VIII; S.I. 1996/2959, art. 2

Marginal Citations

M6 1985 c. 68.

M7 1987 c. 26.

M8 S.I. 1988/1990 (N.I.23).

[F18 Isles of Scilly] S+N.I.

Textual Amendments

F18 Sch. 1 (paras. 1-9) repealed (E.W.) (20.1.1997) by 1996 c. 52, s. 227, Sch. 19 Pt. VIII; S.I. 1996/2959, art. 2

[F19 9 (1) The provisions of sections 4 and 5 of this Act and this Schedule shall apply to the Isles of Scilly subject to such exceptions, adaptations and modifications as the Secretary of State may by order direct.

(2) An order under sub-paragraph (1) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F19 Sch. 1 (paras. 1-9) repealed (E.W.) (20.1.1997) by 1996 c. 52, s. 227, Sch. 19 Pt. VIII; S.I. 1996/2959, art. 2

Section 8(6).

SCHEDULE 2 U.K. APPEALS TO SPECIAL ADJUCATOR: SUPPLEMENTARY

New appeal rights to replace rights under the 1971 Act U.K.

1 No appeal may be brought under Part II of the 1971 Act on any of the grounds mentioned in subsections (1) to (4) of section 8 of this Act.

Scope of new rights of appeal U.K.

2 A person may not bring an appeal on any of the grounds mentioned in subsections (1) to (4) of section 8 of this Act unless, before the time of the refusal, variation, decision or directions (as the case may be), he has made a claim for asylum.

Other grounds of appeal U.K.

3 Where an appeal is brought by a person on any of the grounds mentioned in subsections (1) to (4) of section 8 of this Act, the special adjudicator shall in the same proceedings deal with—

(a) any appeal against the refusal, variation, decision or directions (as the case may be) which the person is entitled to bring under Part II of the 1971 Act on any other ground on which he seeks to rely; and

(b) any appeal brought by the person under that Part of that Act against any other decision or action.

Application of procedures in the 1971 Act U.K.

4 (1) Subject to sub-paragraphs (3) and (4) of this paragraph and to paragraph 5 below, the provisions of the 1971 Act specified in sub-paragraph (2) below shall have effect as if section 8 of this Act were contained in Part II of that Act.

(2) The provisions referred to in sub-paragraph (1) above are—

(a) section 18 (notice of decisions appealable under that Part and statement of appeal rights etc.);

(b) section 19 (determination of appeals under that Part by adjudicators);

(c) section 20 (appeal from adjudicator to Immigration Appeal Tribunal);

(d) section 21 (references of cases by Secretary of State for further consideration);

(e) section 22(1) to (4), (6) and (7) (rules of procedure for appeals);

(f) section 23 (grants to voluntary organisations helping persons with rights of appeal);

[F20 (ff) section 33(4) (duration of appeals); and]

(g) Schedule 5 (provisions about adjudicators and Immigration Appeal Tribunal).

(3) Rules of procedure under section 22 may make special provision in relation to—

(a) proceedings on appeals on any of the grounds mentioned in subsections (1) to (4) of section 8 of this Act; and

(b) proceedings in which, by virtue of paragraph 3 above, a special adjudicator is required to deal both with an appeal on any of those grounds and another appeal.

(4) So much of paragraph 5 of Schedule 5 as relates to the allocation of duties among the adjudicators shall have effect subject to subsection (5) of section 8 of this Act.

Textual Amendments

F20 Word in Sch. 2 para. 4(2)(f) substituted (1.9.1996) for Sch. 2 para 4(2)(ff) by 1996 c. 49, s. 12(2), Sch. 3 para. 5; S.I. 1996/2053, art. 2, Sch. Pt. II

Special appeal procedures for claims without foundation U.K.

[F21 5 (1) This paragraph applies to an appeal by a person on any of the grounds mentioned in subsections (1) to (4) of section 8 of this Act if the Secretary of State has certified that, in his opinion, the person’s claim on the ground that it would be contrary to the United Kingdom’s obligations under the Convention for him to be removed from, or be required to leave, the United Kingdom is one to which—

(a) sub-paragraph (2), (3) or (4) below applies; and

(b) sub-paragraph (5) below does not apply.

(2) This sub-paragraph applies to a claim if the country or territory to which the appellant is to be sent is designated in an order made by the Secretary of State by statutory instrument as a country or territory in which it appears to him that there is in general no serious risk of persecution.

(3) This sub-paragraph applies to a claim if, on his arrival in the United Kingdom, the appellant was required by an immigration officer to produce a valid passport and either—

(a) he failed to produce a passport without giving a reasonable explanation for his failure to do so; or

(b) he produced a passport which was not in fact valid and failed to inform the officer of that fact.

(4) This sub-paragraph applies to a claim if—

(a) it does not show a fear of persecution by reason of the appellant’s race, religion, nationality, membership of a particular social group, or political opinion;

(b) it shows a fear of such persecution, but the fear is manifestly unfounded or the circumstances which gave rise to the fear no longer subsist;

(c) it is made at any time after the appellant—

(i) has been refused leave to enter under the 1971 Act,

(ii) has been recommended for deportation by a court empowered by that Act to do so,

(iii) has been notified of the Secretary of State’s decision to make a deportation order against him by virtue of section 3(5) of that Act, or

(iv) has been notified of his liability to removal under paragraph 9 of Schedule 2 to that Act;

(d) it is manifestly fraudulent, or any of the evidence adduced in its support is manifestly false; or

(e) it is frivolous or vexatious.

(5) This sub-paragraph applies to a claim if the evidence adduced in its support establishes a reasonable likelihood that the appellant has been tortured in the country or territory to which he is to be sent.

(6) Rules of procedure under section 22 of the 1971 Act may make special provision in relation to appeals to which this paragraph applies.

(7) If on an appeal to which this paragraph applies the special adjudicator agrees that the claim is one to which—

(a) sub-paragraph (2), (3) or (4) above applies; and

(b) sub-paragraph (5) above does not apply,

section 20(1) of that Act shall not confer on the appellant any right to appeal to the Immigration Appeal Tribunal.

(8) The first order under this paragraph shall not be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

(9) A statutory instrument containing a subsequent order under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(10) In this paragraph—

• “immigration officer” means an immigration officer appointed for the purposes of the 1971 Act;

• “passport”, in relation to an appellant, means a passport with photograph or some other document satisfactorily establishing his identity and nationality or citizenship.]

Textual Amendments

F21 Sch. 2 para. 5 substituted (21.10.1996) by 1996 c. 49, s. 1; S.I. 1996/2127, art. 2, Sch. Pt. II

Exception for national security U.K.

6 Subsection (5) of section 13, subsection (3) of section 14 and subsections (3) and (4) of section 15 of the 1971 Act shall have effect in relation to the rights of appeal conferred by section 8(1), (2) and (3)(a) and (b) of this Act respectively as they have effect in relation to the rights of appeal conferred by subsection (1) of those sections of that Act but as if references to a person’s exclusion, departure or deportation being conducive to the public good were references to its being in the interests of national security.

Suspension of variation of limited leave pending appeal U.K.

7 The limitation on the taking effect of a variation and on a requirement to leave the United Kingdom contained in subsection (1) of section 14 of the 1971 Act shall have effect as if appeals under section 8(2) of this Act were appeals under that subsection.

Deportation order not to be made while appeal pending U.K.

8 In section 15(2) of the 1971 Act references to an appeal against a decision to make a deportation order shall include references to an appeal against such a decision under section 8(3)(a) of this Act.

Stay of removal directions pending appeal and bail U.K.

9 Part II of Schedule 2, and paragraph 3 of Schedule 3, to the 1971 Act shall have effect as if the references to appeals under section 13(1), 15(1)(a) and 16 of that Act included (respectively) appeals under section 8(1), (3) and (4) of this Act and as if sub-paragraph (5) of paragraph 28 of Schedule 2 were omitted.