Treatment of claimants

Support for failed asylum-seekers
17
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 ... 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 ..., 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.
Words 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))
Words 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))