Modifications etc. (not altering text)
C1Sch. 3 applied (with modifications) (25.2.2008) by The Independent Police Complaints Commission (Immigration and Asylum Enforcement Functions) Regulations 2008 (S.I. 2008/212), regs. 1, 5(b), Sch. 2
C2Sch. 3 applied (with modifications) (31.12.2020) by The Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 (S.I. 2020/1209), regs. 1(1), 3(4), 4(5), 12(1)(k)
17(1)In this Schedule—U.K.
“asylum-seeker” means a person—
who is at least 18 years old,
who has made a claim for asylum (within the meaning of section 18(3)), and
whose claim has been recorded by the Secretary of State but not determined,
“Convention rights” has the same meaning as in the Human Rights Act 1998 (c. 42),
“child” means a person under the age of eighteen,
“dependant” and “dependent” shall have such meanings as may be prescribed by regulations made by the Secretary of State,
“EEA State” means a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (as it has effect from time to time),
“local authority”—
in relation to England and Wales, has the same meaning as in section 129(3),
in relation to Scotland, has the same meaning as in section 129(4), and
in relation to Northern Ireland, means a health service body within the meaning of section 133(4)(d) and the Northern Ireland Housing Executive (for which purpose a reference to the authority’s area shall be taken as a reference to Northern Ireland),
“the Refugee Convention” means the Convention relating to the status of Refugees done at Geneva on 28th July 1951 and its Protocol, and
“removal directions” means directions under Schedule 2 to the Immigration Act 1971 (c. 77) (control of entry, &c.), under Schedule 3 to that Act (deportation) or under section 10 of the Immigration and Asylum Act 1999 (c. 33) (removal of person unlawfully in United Kingdom).
(2)For the purpose of the definition of “asylum-seeker” in sub-paragraph (1) a claim is determined if—
(a)the Secretary of State has notified the claimant of his decision,
(b)no appeal against the decision can be brought (disregarding the possibility of an appeal out of time with permission), and
(c)any appeal which has already been brought has been disposed of.
[F1(2A)For the purposes of the definition of “asylum-seeker” in sub-paragraph (1), a claim is also determined if the Secretary of State has notified the claimant that it has been declared inadmissible under section 80A or 80B.
(2B)But if a claim is—
(a)declared inadmissible under section 80B, and
(b)nevertheless considered by the Secretary of State in accordance subsection (7) of that section,
the claim ceases to be treated as determined from the time of the decision to consider the claim.]
(3)For the purpose of sub-paragraph (2)(c) an appeal is disposed of when it is no longer pending for the purpose of—
(a)Part 5 of this Act, or
(b)the Special Immigration Appeals Commission Act 1997 (c. 68).
(4)The giving of directions in respect of a person under a provision of the Immigration Acts is not the provision of assistance to him for the purposes of this Schedule.
Textual Amendments
F1Sch. 3 para. 17(2A)(2B) inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 17(7), 87(1); S.I. 2022/590, reg. 2, Sch. 1 para. 16