Part 4Detention and Removal

Temporary release

F168 Bail

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F169 Reporting restriction: travel expenses

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70 Induction

1

A residence F2condition may be imposed on an asylum-seeker or a dependant of an asylum-seeker without regard to his personal circumstances if—

a

it requires him to reside at a specified location for a period not exceeding 14 days, and

b

the person imposing the residence F2condition believes that a programme of induction will be made available to the asylum-seeker at or near the specified location.

F32

In subsection (1) “residence condition” means a condition imposed under Schedule 10 to the Immigration Act 2016.

3

In this section—

  • asylum-seeker” has the meaning given by section 18 of this Act but disregarding section 18(1)(a),

  • dependant of an asylum-seeker” means a person who appears to the Secretary of State to be making a claim or application in respect of residence in the United Kingdom by virtue of being a dependant of an asylum-seeker, and

  • programme of induction” means education about the nature of the asylum process.

4

Regulations under subsection (3)—

a

may make different provision for different circumstances,

b

must be made by statutory instrument, and

c

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

5

Subsection (6) applies where the Secretary of State arranges for the provision of a programme of induction (whether or not he also provides other facilities to persons attending the programme and whether or not all the persons attending the programme are subject to residence F4conditions).

6

A local authority may arrange for or participate in the provision of the programme or other facilities.

7

In particular, a local authority may—

a

incur reasonable expenditure;

b

provide services outside its area;

c

provide services jointly with another body;

d

form a company;

e

tender for or enter into a contract;

f

do anything (including anything listed in paragraphs (a) to (e)) for a preparatory purpose.

8

In this section “local authority” means—

a

a local authority within the meaning of section 94 of the Immigration and Asylum Act 1999 (c. 33), and

b

a Northern Ireland authority within the meaning of section 110 of that Act.

71 Asylum-seeker: residence, &c. restriction

1

This section applies to—

a

a person who makes a claim for asylum at a time when he has leave to enter or remain in the United Kingdom, and

b

a dependant of a person within paragraph (a).

2

The Secretary of State or an immigration officer may impose on a person to whom this section applies any F5condition which may be imposed under Schedule 10 to the Immigration Act 2016 on a person liable to detention under paragraph 16 of F6Schedule 2 to the Immigration Act 1971.

3

Where a F7condition is imposed on a person under subsection (2)—

a

the F7condition shall be treated for all purposes as a F7condition imposed under F8Schedule 10 to the Immigration Act 2016, and

b

if the person fails to comply with the F7condition he shall be liable to detention under paragraph 16 of F9Schedule 2 to the Immigration Act 1971.

4

A F10condition imposed on a person under this section shall cease to have effect if he ceases to be an asylum-seeker or the dependant of an asylum-seeker.

5

In this section—

  • asylum-seeker” has the same meaning as in section 70,

  • claim for asylum” has the same meaning as in section 18, and

  • dependant” means a person who appears to the Secretary of State to be making a claim or application in respect of residence in the United Kingdom by virtue of being a dependant of another person.

6

Regulations under subsection (5)—

a

may make different provision for different circumstances,

b

must be made by statutory instrument, and

c

shall be subject to annulment in pursuance of a resolution of either House of Parliament.