Part 4

Detention and Removal

Temporary release

Asylum-seeker: residence, &c. restriction
71
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.