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Nothing in section 6 of the 1993 Act (protection of claimants from deportation etc.) shall prevent a person who has made a claim for asylum being removed from the United Kingdom if—
the Secretary of State has certified that, in his opinion, the conditions mentioned in subsection (2) below are fulfilled;
the certificate has not been set aside on an appeal under section 3 below; and
except in the case of a person who is to be sent to a country or territory to which subsection (3) below applies, the time for giving notice of such an appeal has expired and no such appeal is pending.
The conditions are—
that the person is not a national or citizen of the country or territory to which he is to be sent;
that his life and liberty would not be threatened in that country or territory by reason of his race, religion, nationality, membership of a particular social group, or political opinion; and
that the government of that country or territory would not send him to another country or territory otherwise than in accordance with the Convention.
This subsection applies to any country or territory which is or forms part of a member State, or is designated for the purposes of this subsection in an order made by the Secretary of State by statutory instrument.
The first order under this section shall not be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
A statutory instrument containing a subsequent order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
For the purposes of this section, an appeal under section 3 below is pending during the period beginning when notice of appeal is duly given and ending when the appeal is finally determined or withdrawn.
In this section “claim for asylum” and “the Convention” have the same meanings as in the 1993 Act.
Where a certificate has been issued under section 2(1) above in respect of any person—
that person may appeal against the certificate to a special adjudicator on the ground that any of the conditions mentioned in section 2(2) above was not fulfilled when the certificate was issued, or has since ceased to be fulfilled; but
unless and until the certificate is set aside on such an appeal, he shall not be entitled to bring or pursue any appeal under— as respects matters arising before his removal from the United Kingdom.
Part II of the 1971 Act (appeals: general); or
section 8 of the 1993 Act (appeals to special adjudicator on Convention grounds),
A person who has been, or is to be, sent to a country or territory to which section 2(3) above applies shall not be entitled to bring or pursue an appeal under this section so long as he is in the United Kingdom.
The Lord Chancellor shall designate such number of the adjudicators appointed for the purposes of Part II of the 1971 Act as he thinks necessary to act as special adjudicators for the purposes of this section and may from time to time vary that number and the persons who are so designated.
Subject to subsection (5) below, the following provisions of the 1971 Act, namely— shall have effect as if this section were contained in Part II of that Act.
section 18 (notice of decisions appealable under that Part and statement of appeal rights etc.);
section 19 (determination of appeals under that Part by adjudicators);
section 21 (references of cases by Secretary of State for further consideration);
section 22(1) to (4), (6) and (7) (rules of procedure for appeals);
section 23 (grants to voluntary organisations helping persons with rights of appeal); and
Schedule 5 (provisions about adjudicators and Immigration Appeal Tribunal),
Rules of procedure under section 22 of the 1971 Act— and so much of paragraph 5 of Schedule 5 to that Act as relates to the allocation of duties among the adjudicators shall have effect subject to subsection (3) above.
may make special provision in relation to appeals under this section; and
may make different provision in relation to appeals by persons who have been, or are to be, sent to countries or territories of different descriptions;
Paragraph 29 of Schedule 2 to the 1971 Act (grant of bail pending appeal) shall have effect as if the references to appeals under sections 13(1), 15(1)(a) and 16 of that Act included references to appeals under this section.
In subsection (1) of section 24 of the 1971 Act (illegal entry and similar offences), after paragraph (a) there shall be inserted the following paragraph—.
In subsection (1) of section 25 of the 1971 Act (assisting illegal entry, and habouring), for the words from “the entry” to “illegal entrant” there shall be substituted the following paragraphs—.
After that subsection there shall be inserted the following subsection—
In subsection (5) of that section, for the words “Subsection (1)” there shall be substituted the words “ Subsection (1)(a) ”.
In subsection (6) of that section, for the words “subsection (1)” there shall be substituted the words “ subsection (1)(a) or (b) ”.
In the following provisions, namely— for the words “level 4” there shall be substituted the words “ level 5 ”.
subsection (1) of section 24 of the 1971 Act (illegal entry and similar offences);
subsection (1) of section 26 (general offences in connection with administration of Act); and
section 27 (offences by persons connected with ships or aircraft or with ports),
A constable or immigration officer may arrest without warrant anyone whom he has reasonable grounds for suspecting to have committed an offence to which this section applies.
If— he may grant a warrant authorising any constable to enter, if need be by force, the premises named in the warrant for the purposes of searching for and arresting that person.
a justice of the peace is by written information on oath satisfied that there is reasonable ground for suspecting that a person who is liable to be arrested under subsection (1) above is to be found on any premises; or
in Scotland, a sheriff, or a justice of the peace, having jurisdiction in the place where the premises are situated is by evidence on oath so satisfied,
The following provisions, namely— shall have effect as if the reference in subsection (1) of that section or, as the case may be, paragraph (1) of that Article to a serious arrestable offence included a reference to an offence to which this section applies.
section 8 of the Police and Criminal Evidence Act 1984 (power of justice to authorise entry and search of premises); and
Article 10 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (corresponding provision for Northern Ireland),
This section applies to the following offences under section 24(1) of the 1971 Act, namely—
an offence under paragraph (a) (illegal entry);
an offence under paragraph (aa) (obtaining leave to enter or remain by deception); and
an offence under paragraph (b) (remaining beyond time limited by leave or failing to observe condition of leave).
In this section “immigration officer” has the same meaning as in the 1971 Act.
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Subject to subsection (2) below, if any person (“the employer”) employs a person subject to immigration control (“the employee”) who has attained the age of 16, the employer shall be guilty of an offence if— and (in either case) the employee does not satisfy such conditions as may be specified in an order made by the Secretary of State.
the employee has not been granted leave to enter or remain in the United Kingdom; or
the employee’s leave is not valid and subsisting, or is subject to a condition precluding him from taking up the employment,
Subject to subsection (3) below, in proceedings under this section, it shall be a defence to prove that—
before the employment began, there was produced to the employer a document which appeared to him to relate to the employee and to be of a description specified in an order made by the Secretary of State; and
either the document was retained by the employer, or a copy or other record of it was made by the employer in a manner specified in the order in relation to documents of that description.
The defence afforded by subsection (2) above shall not be available in any case where the employer knew that his employment of the employee would constitute an offence under this section.
A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of— he as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
any director, manager, secretary or other similar officer of the body corporate; or
any person who was purporting to act in any such capacity,
Where the affairs of a body corporate are managed by its members, subsection (5) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—
“the 1971 Act” means the Immigration Act 1971;
“employ” means employ under a contract of employment and “employment” shall be construed accordingly.
Each housing authority shall secure that, so far as practicable, no tenancy of, or licence to occupy, housing accommodation provided under the accommodation Part is granted to a person subject to immigration control unless he is of a class specified in an order made by the Secretary of State.
A person subject to immigration control—
shall not be eligible for accommodation or assistance under the homelessness Part; and
shall be disregarded in determining, for the purposes of that Part, whether another person— unless he is of a class specified in an order made by the Secretary of State.
is homeless or is threatened with homelessness; or
has a priority need for accommodation,
An order under this section—
may make different provision for different circumstances or for accommodation or assistance of different descriptions; and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—
“the accommodation Part” and “the homelessness Part” mean respectively—
in relation to England and Wales, Parts II and III of the Housing Act 1985;
in relation to Scotland, Parts I and II of the Housing (Scotland) Act 1987;
in relation to Scotland, a local authority within the meaning of the Housing (Scotland) Act 1987;
“the 1993 Act” means the Asylum and Immigration Appeals Act 1993;
in relation to Northern Ireland, Part II of the Housing (Northern Ireland) Order 1981 and Part II of the Housing (Northern Ireland) Order 1988;
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The provision set out in subsection (2) below shall be inserted—
after section 146 of the Social Security Contributions and Benefits Act 1992, as section 146A of that Act; and
after section 142 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, as section 142A of that Act.
The provision is as follows—
Notwithstanding any enactment or rule of law, regulations may exclude any person who has made a claim for asylum from entitlement to any of the following benefits, namely—
income support, housing benefit and council tax benefit under the Social Security Contributions and Benefits Act 1992;
income support and housing benefit under the Social Security Contributions and Benefits (Northern Ireland) Act 1992; and
jobseeker’s allowance under the Jobseekers Act 1995 or the Jobseekers (Northern Ireland) Order 1995.
Regulations may provide that, where such a person who is so excluded is subsequently recorded by the Secretary of State as a refugee within the meaning of the Convention—
that person may, within a prescribed period, claim the whole or any prescribed proportion of any income support, housing benefit or council tax benefit to which he would have been entitled had he been recorded as a refugee immediately after he made the claim for asylum; and
where he makes such a claim as is mentioned in paragraph (a) above in respect of housing benefit or council tax benefit having resided in the areas of two or more local authorities in Great Britain, the claim shall be investigated and determined, and any benefit awarded shall be paid or allowed, by such one of those authorities as may be prescribed.
Regulations making such provision as is mentioned in subsection (2)(b) above may require the other authorities there mentioned to supply the prescribed authority with such information as it may reasonably require in connection with the exercise of its functions under the regulations.
Schedule 1 to this Act— shall have effect.
Part I of which modifies the Social Security (Persons from Abroad) Miscellaneous Amendments Regulations 1996; and
Part II of which modifies the Social Security (Persons from Abroad) (Miscellaneous Amendments) Regulations (Northern Ireland) 1996,
The Jobseeker’s Allowance (Amendment) Regulations 1996 shall have effect as if they had been made on the day on which this Act is passed.
In this section—
“claim for asylum” and “the Convention” have the same meanings as in the 1993 Act;
“prescribed” means prescribed by regulations;
“person subject to immigration control” means a person who under the 1971 Act requires leave to enter or remain in the United Kingdom (whether or not such leave has been given).
in relation to income support, housing benefit or council tax benefit under the Social Security Contributions and Benefits Act 1992, means regulations under that Act or the Social Security Administration Act 1992;
in relation to income support or housing benefit under the Social Security Contributions and Benefits (Northern Ireland) Act 1992, means regulations under that Act or the Social Security Administration (Northern Ireland) Act 1992;
in relation to jobseeker’s allowance under the Jobseekers Act 1995, means regulations under that Act or the Social Security Administration Act 1992;
Schedule 2 to this Act (which contains amendments of the 1971 Act and a related amendment of the Immigration Act 1988) shall have effect.
Schedule 3 to this Act (which contains amendments of the 1993 Act) shall have effect.
The enactments specified in Schedule 4 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
This Act may be cited as the Asylum and Immigration Act 1996.
In this Act—
“the 1971 Act” means the Immigration Act 1971;
This Act, except section 11 and Schedule 1, shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different purposes.
An order under subsection (3) above may make such transitional and supplemental provision as the Secretary of State thinks necessary or expedient.
Her Majesty may by Order in Council direct that any of the provisions of this Act shall extend, with such modifications as appear to Her Majesty to be appropriate, to any of the Channel Islands or the Isle of Man.
This Act extends to Northern Ireland.
In this Part of this Schedule—
“the 1996 Regulations” means the Social Security (Persons from Abroad) Miscellaneous Amendments Regulations 1996; and
expressions which are used in the 1996 Regulations have the same meanings as in those Regulations.
In regulation 8 of the 1996 Regulations (amendment of the Income Support Regulations)— shall have effect as if the 1996 Regulations had been made, and had come into force, on the day on which this Act is passed.
paragraph (2) so far as relating to the sub-paragraph added to regulation 21(3) of the Income Support Regulations as sub-paragraph (j); and
paragraph (3)(c) and (d),
In regulation 7 of the 1996 Regulations (amendment of regulation 7A of the Housing Benefit Regulations)— shall have effect as if the 1996 Regulations had been made, and had come into force, on the day on which this Act is passed.
paragraph (a) so far as relating to the sub-paragraph added to regulation 7A(4) of the Housing Benefit Regulations as sub-paragraph (g);
paragraph (b) so far as relating to sub-paragraphs (a) and (b) of the paragraph substituted for regulation 7A(5) of those Regulations; and
paragraph (c),
In regulation 3 of the 1996 Regulations (amendment of regulation 4A of the Council Tax Benefit Regulations)— shall have effect as if the 1996 Regulations had been made, and had come into force, on the day on which this Act is passed.
paragraph (a) so far as relating to the sub-paragraph added to regulation 4A(4) of the Council Tax Benefit Regulations as sub-paragraph (g);
paragraph (b) so far as relating to sub-paragraphs (a) and (b) of the paragraph substituted for regulation 4A(5) of those Regulations; and
paragraph (c),
Regulation 12(1) of the 1996 Regulations (saving) shall have effect as if after the words “shall continue to have effect” there were inserted the words “ (both as regards him and as regards persons who are members of his family at the coming into force of these Regulations) ”.
Subject to sub-paragraph (2) below, any person who is excluded from entitlement to income support, housing benefit or council tax benefit by any of the provisions which are modified by the preceding provisions of this Part of this Schedule— Nothing in this paragraph shall apply in any case where a person is entitled to the benefit in question either—
In this Part of this Schedule “the 1996 Regulations” means the Social Security (Persons from Abroad) (Miscellaneous Amendments) Regulations (Northern Ireland) 1996.
In regulation 4 of the 1996 Regulations (amendment of the Income Support (General) Regulations)— shall have effect as if the 1996 Regulations had been made, and had come into operation, on the day on which this Act is passed.
paragraph (2) so far as relating to the paragraph added to regulation 21(3) of the Income Support (General) Regulations (Northern Ireland) 1987 as paragraph (j); and
paragraph (3)(b),
In regulation 5 of the 1996 Regulations (amendment of the Housing Benefit (General) Regulations)— shall have effect as if the 1996 Regulations had been made, and had come into operation, on the day on which this Act is passed.
paragraph (a) so far as relating to the sub-paragraph added to regulation 7A(4) of the Housing Benefit (General) Regulations (Northern Ireland) 1987 as sub-paragraph (g);
paragraph (b) so far as relating to sub-paragraphs (a) and (b) of the paragraph substituted for regulation 7A(5) of those Regulations; and
paragraph (c),
Regulation 11(1) of the 1996 Regulations (saving) shall have effect as if after the words “shall have effect” there were inserted the words “ (both as regards him and as regards persons who are members of his family at the coming into operation of these Regulations) ”.
Subject to sub-paragraph (2) below, any person who is excluded from entitlement to income support or housing benefit by any of the provisions which are modified by the preceding provisions of this Part of this Schedule— Nothing in this paragraph shall apply in any case where a person is entitled to the benefit in question either—
Section 12(1).
In subsection (1) of section 3 of the 1971 Act (general provisions for regulation and control), for paragraph (c) there shall be substituted the following paragraph— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In subsection (4) of section 5 of the 1971 Act (persons belonging to another’s family), for paragraph (b) there shall be substituted the following paragraph—.
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and includes also a person who has entered as mentioned in paragraph (a) or (b) above; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In sub-paragraph (2)(b) of paragraph 4 of Schedule 2 to the 1971 Act (information and documents), after the words “is carrying or conveying”, in the first place where they occur, there shall be inserted the words “ , or has carried or conveyed, ”. In sub-paragraph (3) of that paragraph—
Any leave to enter the United Kingdom which is obtained by deception shall be disregarded for the purposes of this paragraph.
In sub-paragraph (2)(b) of paragraph 17 of Schedule 2 to the 1971 Act (arrest of persons liable to detention), the words “magistrate or” shall cease to have effect.
In sub-paragraph (1) of paragraph 19 of Schedule 2 to the 1971 Act (recovery of expenses incurred in detaining persons refused leave to enter), for the words “at any time” there shall be substituted the words “ for any period (not exceeding 14 days) ”.
In sub-paragraph (1) of paragraph 20 of Schedule 2 to the 1971 Act (recovery of expenses incurred in detaining illegal entrants), for the words “at any time” there shall be substituted the words “ for any period (not exceeding 14 days) ”. After that sub-paragraph there shall be inserted the following sub-paragraph—.
Sub-paragraph (4) below applies where a person who is at large in the United Kingdom by virtue of this paragraph is subject to a restriction as to reporting to an immigration officer with a view to the conclusion of his examination under paragraph 2 above. If the person fails at any time to comply with that restriction—
The following, namely— may be released on bail in accordance with this paragraph. An immigration officer not below the rank of chief immigration officer or an adjudicator may release a person so detained on his entering into a recognizance or, in Scotland, bail bond conditioned for his appearance before an immigration officer at a time and place named in the recognizance or bail bond or at such other time and place as may in the meantime be notified to him in writing by an immigration officer. Sub-paragraph (1)(a) above shall not apply unless seven days have elapsed since the date of the person’s arrival in the United Kingdom. In sub-paragraph (2) of that paragraph— In sub-paragraph (3) of that paragraph—
After paragraph 33 of Schedule 2 to the 1971 Act there shall be inserted the following paragraph—
In paragraph 2(5) of Schedule 3 to the 1971 Act (supplementary provisions as to deportation), after the words “the police” there shall be inserted the words “ or an immigration officer ”.
Section 12(2).
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After section 9 of the 1993 Act there shall be inserted the following section—
In paragraph 6(1) of Schedule 1 to the 1993 Act (security of tenure)—
after the words “Part III of the Act of 1985” there shall be inserted the words “ or Part II of the Act of 1987 ”; and
after the words “ the Housing Act 1988” there shall be inserted the words “ or the Housing (Scotland) Act 1988 ”.
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Section 12(3). Chapter Short title Extent of repeal 1971 c.77. Immigration Act 1971. In Schedule 2, in paragraph 17(2)(b), the words “magistrate or”. 1993 c.23. Asylum and Immigration Appeals Act 1993. In section 8(3), the words from “but a person” to the end.