SCHEDULES

SCHEDULE 11Support for certain categories of migrant

PART 1Amendments of the Immigration Acts

Power to support failed asylum-seekers

7

1

Section 94 (interpretation of Part 6) is amended as follows.

2

In subsection (1)—

a

in the definition of “dependant”, after “asylum-seeker” insert “ , a failed asylum-seeker ”;

b

after the definition of “the Executive” insert—

“failed asylum-seeker” has the meaning given by subsection (2D);

c

for the definition of “supported person” substitute—

“supported person” means—

a

in relation to support under section 95, an asylum-seeker, or a dependant of an asylum-seeker, who has applied for support and for whom support is provided under that section, and

b

in relation to support under section 95A, a failed asylum-seeker, or a dependant of a failed asylum-seeker, who has applied for support and for whom support is provided under that section.

3

In subsection (2), after “section 95” insert “ or 95A ”.

4

After subsection (2C) (inserted by paragraph 3(3) above) insert—

2D

A person is a failed asylum-seeker for the purposes of this Part if—

a

the person is at least 18 years old,

b

the person—

i

was an asylum-seeker, or

ii

would have been an asylum-seeker at any time if the person had been at least 18 years old at that time,

c

the person's protection claim has been rejected, and

d

the person is not an asylum-seeker.

5

Omit subsections (5) and (6).