Asylum and Immigration Appeals Act 1993

JurisdictionUK Non-devolved
Citation1993 c. 23


Asylum and ImmigrationAppeals Act 1993

1993 CHAPTER 23

An Act to make provision about persons who claim asylum in the United Kingdom and their dependants; to amend the law with respect to certain rights of appeal under the Immigration Act 1971; and to extend the provisions of the Immigration (Carriers' Liability) Act 1987 to transit passengers.

[1st July 1993]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Introductory

Introductory

S-1 Interpretation.

1 Interpretation.

1. In this Act—

‘the 1971 Act’ means the Immigration Act 1971;

‘claim for asylum’ means a claim made by a person (whether before or after the coming into force of this section) that it would be contrary to the United Kingdom's obligations under the Convention for him to be removed from, or required to leave, the United Kingdom; and

‘the Convention’ means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and the Protocol to that Convention.

S-2 Primacy of Convention.

2 Primacy of Convention.

2. Nothing in the immigration rules (within the meaning of the 1971 Act) shall lay down any practice which would be contrary to the Convention.

Treatment of persons who claim asylum

Treatment of persons who claim asylum

S-3 Fingerprinting.

3 Fingerprinting.

(1) Where a person (‘the claimant’) has made a claim for asylum, an immigration officer, constable, prison officer or officer of the Secretary of State authorised for the purposes of this section may—

(a) take such steps as may be reasonably necessary for taking the claimant's fingerprints; or

(b) by notice in writing require the claimant to attend at a place specified in the notice in order that such steps may be taken.

(2) The powers conferred by subsection (1) above may be exercised not only in relation to the claimant but also in relation to any dependant of his; but in the exercise of the power conferred by paragraph (a) of that subsection, fingerprints shall not be taken from a person under the age of sixteen (‘the child’) except in the presence of a person of full age who is—

(a) the child's parent or guardian; or

(b) a person who for the time being takes responsibility for the child and is not an immigration officer, constable, prison officer or officer of the Secretary of State.

(3) Where the claimant's claim for asylum has been finally determined or abandoned—

(a) the powers conferred by subsection (1) above shall not be exercisable in relation to him or any dependant of his; and

(b) any requirement imposed on him or any dependant of his by a notice under subsection (1)(b) above shall no longer have effect.

(4) A notice given to any person under paragraph (b) of subsection (1) above—

(a) shall give him a period of at least seven days within which he is to attend as mentioned in that paragraph; and

(b) may require him so to attend at a specified time of day or between specified times of day.

(5) Any immigration officer or constable may arrest without warrant a person who has failed to comply with a requirement imposed on him by a notice under subsection (1)(b) above (unless the requirement no longer has effect) and, where a person is arrested under this subsection,—

(a) he may be removed to a place where his fingerprints may conveniently be taken, and

(b) (whether or not he is so removed) there may be taken such steps as may be reasonably necessary for taking his fingerprints,

before he is released.

(6) Fingerprints of a person which are taken by virtue of this section must be destroyed not later than the earlier of—

(a) the end of the period of one month beginning with any day on which he is given indefinite leave under the 1971 Act to enter or remain in the United Kingdom; and

(b) the end of the period of ten years beginning with the day on which the fingerprints are taken.

(7) Where fingerprints taken by virtue of this section are destroyed—

(a) any copies of the fingerprints shall also be destroyed; and

(b) if there are any computer data relating to the fingerprints, the Secretary of State shall, as soon as it is practicable to do so, make it impossible for access to be gained to the data.

(8) If—

(a) subsection (7)(b) above falls to be complied with, and

(b) the person to whose fingerprints the data relate asks for a certificate that it has been complied with,

such a certificate shall be issued to him by the Secretary of State not later than the end of the period of three months beginning with the day on which he asks for it.

(9) In this section—

(a) ‘immigration officer’ means an immigration officer appointed for the purposes of the 1971 Act; and

(b) ‘dependant’, in relation to the claimant, means a person—

(i) who is his spouse or a child of his under the age of eighteen; and

(ii) who has neither a right of abode in the United Kingdom nor indefinite leave under the 1971 Act to enter or remain in the United Kingdom.

(10) Nothing in this section shall be taken to limit the power conferred by paragraph 18(2) of Schedule 2 to the 1971 Act.

S-4 Housing of asylum-seekers and their dependants.

4 Housing of asylum-seekers and their dependants.

(1) If a person (‘the applicant’) makes an application under the homelessness legislation for accommodation or assistance in obtaining accommodation and the housing authority who are dealing with his case are satisfied—

(a) that he is an asylum-seeker or the dependant of an asylum-seeker, and

(b) that he has or has available for his occupation any accommodation, however temporary, which it would be reasonable for him to occupy,

nothing in the homelessness legislation shall require the housing authority to secure that accommodation is made available for his occupation.

(2) In determining for the purposes of subsection (1)(b) above whether it would be reasonable for the applicant to occupy accommodation, regard may be had to the general circumstances prevailing in relation to housing in the district of the housing authority who are dealing with the applicant's case.

(3) Where, on an application made as mentioned in subsection (1) above, the housing authority are satisfied that the applicant is an asylum-seeker or the dependant of an asylum-seeker, but are not satisfied as mentioned in paragraph (b) of that subsection, then, subject to subsection (4) below,—

(a) any duty under the homelessness legislation to secure that accommodation is made available for the applicant's occupation shall not continue after he ceases to be an asylum-seeker or a dependant of an asylum-seeker; and

(b) accordingly, so long as the applicant remains an asylum-seeker or the dependant of an asylum-seeker, any need of his for accommodation shall be regarded as temporary only.

(4) If, immediately before he ceases to be an asylum-seeker or the dependant of an asylum-seeker, the applicant is occupying accommodation (whether temporary or not) made available in pursuance of the homelessness legislation, that legislation shall apply as if, at that time—

(a) he were not occupying that accommodation; and

(b) he had made an application under that legislation for accommodation or assistance in obtaining accommodation to the housing authority who secured that accommodation was made available.

(5) Schedule 1 to this Act (which makes supplementary provision with respect to housing of asylum-seekers and their dependants) shall have effect.

S-5 Housing: interpretative provisions.

5 Housing: interpretative provisions.

(1) The provisions of this section have effect for the purposes of section 4 above and Schedule 1 to this Act; and that section and Schedule are in the following provisions of this section referred to as ‘the housing provisions’.

(2) For the purposes of the housing provisions a person who makes a claim for asylum—

(a) becomes an asylum-seeker at the time when his claim is recorded by the Secretary of State as having been made; and

(b) ceases to be an asylum-seeker at the time when his claim is recorded by the Secretary of State as having been finally determined or abandoned.

(3) For the purposes of the housing provisions, a person—

(a) becomes a dependant of an asylum-seeker at the time when he is recorded by the Secretary of State as being a dependant of the asylum-seeker; and

(b) ceases to be a dependant of an asylum-seeker at the time when the person whose dependant he is ceases to be an asylum-seeker or, if it is earlier, at the time when he is recorded by the Secretary of State as ceasing to be a dependant of the asylum-seeker.

(4) References in subsections (2) and (3) above to a time when an event occurs include references to a time before as well as after the passing of this Act.

(5) In relation to an asylum-seeker, ‘dependant’ means a person—

(a) who is his spouse or a child of his under the age of eighteen; and

(b) who has neither a right of abode in the United Kingdom nor indefinite leave under the 1971 Act to enter or remain in the United Kingdom.

(6) Except in their application to Northern Ireland, in the housing provisions—

(a) ‘the homelessness legislation’ means, in relation to England and Wales, Part III of the Housing Act 1985 and, in relation to Scotland, Part II of the Housing (Scotland) Act 1987 ;

(b) ‘housing authority’ means—

(i)in relation to England and Wales, any authority which is a local housing authority for the purposes of Part III of the Housing Act 1985; and
(ii)in relation to Scotland, any authority which is...

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