Part 4Detention and Removal

Temporary release

71 Asylum-seeker: residence, &c. restriction

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 F1condition which may be imposed under Schedule 10 to the Immigration Act 2016 on a person liable to detention under paragraph 16 of F2Schedule 2 to the Immigration Act 1971.

3

Where a F3condition is imposed on a person under subsection (2)—

a

the F3condition shall be treated for all purposes as a F3condition imposed under F4Schedule 10 to the Immigration Act 2016, and

b

if the person fails to comply with the F3condition he shall be liable to detention under paragraph 16 of F5Schedule 2 to the Immigration Act 1971.

4

A F6condition 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.