Immigration Act 2016

Prospective

Accommodation centres: definition of “asylum-seeker” etc U.K.

31 (1) Section 18 of the Nationality, Immigration and Asylum Act 2002 (definition of asylum-seeker for purposes of Part 2) is amended as follows. U.K.

(2) For subsection (1) substitute—

“(1) For the purposes of this Part a person is an “asylum-seeker” if—

(a) the person is at least 18 years old,

(b) the person has made a protection claim, and

(c) the person's claim—

(i) has been recorded by the Secretary of State, but

(ii) has not been determined.

(1A) A person is also an “asylum-seeker” for the purposes of this Part if the person is an asylum-seeker for the purposes of Part 6 of the Immigration and Asylum Act 1999 by virtue of section 94(2B) or (3C) of that Act.”

(3) For subsection (3) substitute—

“(3) Protection claim” has the meaning given by section 82(2).”

32 (1) In consequence of the amendment made by paragraph 31(3), section 26A of the Immigration Act 1971 (registration card) is amended as follows. U.K.

(2) In subsection (1)(b)(i), for “claim for asylum” substitute “ protection claim ”.

(3) In subsection (2), for “ “claim for asylum”” substitute “ “protection claim” ”.

33 U.K. In consequence of the amendments made by paragraph 31, the Nationality, Immigration and Asylum Act 2002 is amended as follows.

34 U.K. In section 16 (establishment of accommodation centres), in subsection (3)(b), for “claims for asylum” substitute “ protection claims ”.

35 U.K. In section 21(3), for “claim for asylum” substitute “ protection claim ”.

36 U.K. In section 29 (facilities), in subsection (1)(c), for “claim for asylum” substitute “ protection claim ”.

37 (1) Section 55 (late claim for asylum: refusal of support) is amended as follows. U.K.

(2) In subsections (1)(a), (3)(a) and (6)(a), for “claim for asylum” substitute “ protection claim ”.

(3) In subsection (9), for “ “claim for asylum”” substitute “ “protection claim” ”.

(4) The heading of the section becomes “ Late protection claim: refusal of support ”.

38 U.K. In section 70 (induction), in the definition of “asylum-seeker” in subsection (3), after “section 18(1)(a)” insert “ of this Act and section 94(2B)(a) of the Immigration and Asylum Act 1999 ”.

39 (1) Section 71 (asylum-seeker: residence, etc restriction) is amended as follows. U.K.

(2) In subsection (1)(a), for “claim for asylum” substitute “ protection claim ”.

(3) In subsection (5), for “ “claim for asylum”” substitute “ “protection claim” ”.

40 U.K. In Schedule 3 (withholding and withdrawal of support), in paragraph 17(1), for the definition of “asylum-seeker” substitute—

““asylum-seeker” has the meaning given by section 18,”.