UK Borders Act 2007 Explanatory Notes

Treatment of claimants

6.Section 16 amends section 3(1)(c) of the Immigration Act 1971 to provide that reporting and residency conditions may be imposed on those with limited leave to enter or remain in the UK.

7.Section 17 provides that an asylum-seeker remains eligible for support during an appeal related to his asylum claim. Support will be available also for those qualifying as dependants for support purposes.

8.Section 18 provides for a power of arrest without warrant for an immigration officer in connection with offences under sections 105 and 106 of the Immigration and Asylum Act 1999 (offences relating to asylum support fraud). It also provides that certain associated powers for immigration officers shall apply to those offences.

9.Section 19 defines the conditions under which late evidence may not be included in an appeal against the refusal of a Points-based application.

10.Section 20 amends section 42 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 and in doing so provides new powers to (i) over-cost charge in respect of applications or processes in connection with the sponsorship of migrants and (ii) to cross-subsidise between certain in-country services and between certain in-country and overseas services.

11.Section 21 makes provision for the Secretary of State to issue a code of practice to keep children safe from harm while they are in the United Kingdom. The provision imposes a duty on the Border and Immigration Agency to have regard to the code in the exercise of its functions.

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