The Immigration and Asylum (Provision of Accommodation to Failed Asylum-Seekers) Regulations 2005

Citation and commencement

1.—(1) These Regulations may be cited as the Immigration and Asylum (Provision of Accommodation to Failed Asylum-Seekers) Regulations 2005 and shall come into force on 31^st March 2005.

(2) These Regulations apply to a person who is receiving accommodation when these Regulations come into force to the same extent as they apply to a person provided with accommodation after these Regulations come into force.

Interpretation

2. In these Regulations–

“the 1999 Act” means the Immigration and Asylum Act 1999;

“destitute” is to be construed in accordance with section 95(3) of the 1999 Act³; and

“reporting requirement” means a condition or restriction which requires a person to report to the police, an immigration officer or the Secretary of State, and is imposed under–

(a) paragraph 21 of Schedule 2 to the Immigration Act 1971 (temporary admission or release from detention)⁴,

(b) paragraph 22 of that Schedule⁵, or

(c) paragraph 2 or 5 of Schedule 3 to that Act (pending deportation)⁶.

Eligibility for and provision of accommodation to a failed asylum-seeker

3.—(1) Subject to regulations 4 and 6, the criteria to be used in determining the matters referred to in paragraphs (a) and (b) of section 4(5) of the 1999 Act in respect of a person falling within section 4(2) or (3) of that Act ⁷are–

(a)

(a) that he appears to the Secretary of State to be destitute, and

(b)

(b) that one or more of the conditions set out in paragraph (2) are satisfied in relation to him.

(2) Those conditions are that–

(a)

(a) he is taking all reasonable steps to leave the United Kingdom or place himself in a position in which he is able to leave the United Kingdom, which may include complying with attempts to obtain a travel document to facilitate his departure;

(b)

(b) he is unable to leave the United Kingdom by reason of a physical impediment to travel or for some other medical reason;

(c)

(c) he is unable to leave the United Kingdom because in the opinion of the Secretary of State there is currently no viable route of return available;

(d)

(d) he has made an application for judicial review of a decision in relation to his asylum claim–

(e)

(e) the provision of accommodation is necessary for the purpose of avoiding a breach of a person’s Convention rights, within the meaning of the Human Rights Act 1998¹¹.

Community activities: general

4.—(1) Where the Secretary of State so determines, the continued provision of accommodation to a person falling within section 4(2) or (3) of the 1999 Act is to be conditional upon that person’s performance of or participation in such community activity as is described in this regulation and is from time to time notified to the person in accordance with regulation 5.

(2) In making the determination referred to in paragraph (1), regard will be had to the following matters–

(a)

(a) the length of time that he believes the person will continue to be eligible for accommodation,

(b)

(b) the arrangements that have been made for the performance of or participation in community activities in the area in which the person is being provided with accommodation,

(c)

(c) any relevant health and safety standards which are agreed between the Secretary of State and a person with whom he has made arrangements for the provision of community activities in the person’s area,

(d)

(d) whether the person is in the Secretary of State’s belief unable to perform or participate in community activities because of a physical or mental impairment or for some other medical reason,

(e)

(e) whether the person is in the Secretary of State’s belief unable to perform or participate in community activities because of a responsibility for the care of a dependant child or of a dependant who because of a physical or mental impairment is unable to look after himself, and

(f)

(f) any relevant information provided to the Secretary of State, regarding the person’s suitability to perform or participate in particular tasks, activities or a range of tasks or activities.

(3) Paragraph (1) does not apply in relation to a person who is under the age of 18.

(4) No condition on the continued provision of accommodation will require a person to perform or participate in community activities for more than 35 hours in any week, including the weekend.

Community activities: Relevant information

5. A notice under regulation 4(1) falls within this regulation if it contains the following information–