- Latest available (Revised)
- Point in Time (28/07/2014)
- Original (As enacted)
Version Superseded: 28/06/2022
Point in time view as at 28/07/2014. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Immigration and Asylum Act 1999, Section 94 is up to date with all changes known to be in force on or before 05 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)In this Part—
F1...
“asylum-seeker” means a person who is not under 18 and has made a claim for asylum which has been recorded by the Secretary of State but which has not been determined;
“claim for asylum” means a claim that it would be contrary to the United Kingdom’s obligations under the Refugee Convention, or under Article 3 of the Human Rights Convention, for the claimant to be removed from, or required to leave, the United Kingdom;
“the Department” means the Department of Health and Social Services for Northern Ireland;
“dependant”, in relation to an asylum-seeker or a supported person, means a person in the United Kingdom who—
is his spouse;
is a child of his, or of his spouse, who is under 18 and dependent on him; or
falls within such additional category, if any, as may be prescribed;
“the Executive” means the Northern Ireland Housing Executive;
“housing accommodation” includes flats, lodging houses and hostels;
“local authority” means—
in England and Wales, a county council, a county borough council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;
in Scotland, a council constituted under section 2 of the M1Local Government etc. (Scotland) Act 1994;
[F2“Northern Ireland authority” has the meaning given by section 110(9).]
“supported person” means—
an asylum-seeker, or
a dependant of an asylum-seeker,
who has applied for support and for whom support is provided under section 95.
(2)References in this Part to support provided under section 95 include references to support which is provided under arrangements made by the Secretary of State under that section.
(3)For the purposes of this Part, a claim for asylum is determined at the end of such period beginning—
(a)on the day on which the Secretary of State notifies the claimant of his decision on the claim, or
(b)if the claimant has appealed against the Secretary of State’s decision, on the day on which the appeal is disposed of,
as may be prescribed.
(4)An appeal is disposed of when it is no longer pending for the purposes of the Immigration Acts or the M2Special Immigration Appeals Commission Act 1997.
(5)If an asylum-seeker’s household includes a child who is under 18 and a dependant of his, he is to be treated (for the purposes of this Part) as continuing to be an asylum-seeker while—
(a)the child is under 18; and
(b)he and the child remain in the United Kingdom.
(6)Subsection (5) does not apply if, on or after the determination of his claim for asylum, the asylum-seeker is granted leave to enter or remain in the United Kingdom (whether or not as a result of that claim).
(7)For the purposes of this Part, the Secretary of State may inquire into, and decide, the age of any person.
(8)A notice under subsection (3) must be given in writing.
(9)If such a notice is sent by the Secretary of State by first class post, addressed—
(a)to the asylum-seeker’s representative, or
(b)to the asylum-seeker’s last known address,
it is to be taken to have been received by the asylum-seeker on the second day after the day on which it was posted.
Textual Amendments
F1Definition in s. 94(1) omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 180
F2Definition in s. 94(1) inserted (10.2.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 60(2), 162(1) (with s. 159); S.I. 2003/1, art. 2, Sch.
Marginal Citations
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: