Immigration Act 2016

Prospective

7 (1) Section 94 (interpretation of Part 6) is amended as follows. U.K.

(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).