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—

    1. a

      is his spouse;

    2. b

      is a child of his, or of his spouse, who is under 18 and dependent on him; or

    3. c

      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—

    1. 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;

    2. b

      in Scotland, a council constituted under section 2 of the [1994 c. 39.] Local Government etc. (Scotland) Act 1994;

  • “supported person” means—

    1. a

      an asylum-seeker, or

    2. b

      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 [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.