Nationality, Immigration and Asylum Act 2002 (c. 41)

Part 4 U.K. Detention and Removal

Temporary release U.K.

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

(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 [F1 condition which may be imposed under Schedule 10 to the Immigration Act 2016] on a person liable to detention under paragraph 16 of [F2 Schedule 2 to the Immigration Act 1971].

(3) Where a [F3 condition] is imposed on a person under subsection (2)—

(a) the [F3 condition] shall be treated for all purposes as a [F3 condition] imposed under [F4 Schedule 10 to the Immigration Act 2016], and

(b) if the person fails to comply with the [F3 condition] he shall be liable to detention under paragraph 16 of [F5 Schedule 2 to the Immigration Act 1971].

(4) A [F6 condition] 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.

Textual Amendments

F1 Words in s. 71(2) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 37(2)(a); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F2 Words in s. 71(2) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 37(2)(b); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F3 Word in s. 71(3) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 37(3)(a); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F4 Words in s. 71(3) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 37(3)(b); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F5 Words in s. 71(3) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 37(3)(c); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F6 Word in s. 71(4) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 37(4); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)