Part VISupport for Asylum-Seekers
Interpretation
94Interpretation of Part VI
1
In this Part—
“adjudicator” has the meaning given in section 102(2);
“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—
- a
is his spouse;
- b
is a child of his, or of his spouse, who is under 18 and dependent on him; or
- c
falls within such additional category, if any, as may be prescribed;
- a
“the Executive” means the Northern Ireland Housing Executive;
“housing accommodation” includes flats, lodging houses and hostels;
“local authority” means—
- a
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;
- b
in Scotland, a council constituted under section 2 of the [1994 c. 39.] Local Government etc. (Scotland) Act 1994;
- a
“supported person” means—
- a
an asylum-seeker, or
- b
a dependant of an asylum-seeker,
who has applied for support and for whom support is provided under section 95.
- a
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 [1997 c. 68.] Special 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.