The Asylum Seekers (Reception Conditions) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations together with the inclusion of a new Part 11B in the Immigration Rules (HC 395) and amendments made to the Asylum Support Regulations 2000 (S.I. 2000/704) make the provision which is necessary for the implementation of Council Directive 2003/9/EC of 27th January 2003 laying down minimum standards for the reception of asylum seekers (OJ L31 6.2.03 p 18) (“the Directive”). Many parts of the Directive do not require implementation as consistent provision is already made in existing domestic legislation. A transposition note has been prepared and is published together with the explanatory memorandum for this instrument on HMSO’s website: www.hmso.gov.uk.

These Regulations apply to asylum seekers who make a claim for asylum under the Refugee Convention on or after 5th February 2005. Both asylum seeker and claim for asylum are defined in regulation 2.

Regulation 3 requires the Secretary of State to have regard to family unity when he is providing accommodation for asylum seekers under section 95 or 98 of the Immigration and Asylum Act 1999 (“the 1999 Act”). Where possible, and providing the family agrees, family members should be accommodated together. Family members are defined in regulation 2 so as to include a spouse or partner in a stable relation and any unmarried dependent minor children of either the asylum seeker himself or of the couple. Regulation 3 does not apply, however, if the Secretary of State is providing accommodation for a child in the family under section 122 of the 1999 Act.

Regulation 4 requires the Secretary of State to take account of the special needs of a vulnerable person when he is providing or considering whether to provide support under section 95 or 98 of the 1999 Act. A vulnerable person is defined as someone, such as an elderly person or a lone parent who has had an assessment that confirms he does have special needs. Paragraph (4) makes it clear that the Secretary of State is not obliged to carry out such an assessment.

Regulation 5 requires the Secretary of State to offer support under section 95 or 98 to an asylum seeker (or his family member) if the Secretary of State thinks that he is eligible for it.

Regulation 6 requires the Secretary of State to endeavour to trace the family members of an unaccompanied asylum seeking child. If there is a threat to the safety of either the child or his family members enquiries must take place on a confidential basis.