Legislation – Immigration Act 2016

Immigration Act 2016, Paragraph 7 is up to date with all changes known to be in force on or before 22 December 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

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Changes and effects yet to be applied to Schedule 11 Paragraph 7:

s. 51(4A)(4B) inserted by 2025 c. 31 s. 44(16)
s. 69(9)(d) and word inserted by 2023 c. 37 s. 21(2)(b)
Sch. 10 para. 3(2)(eza) inserted by 2023 c. 37 s. 13(3)(a)
Sch. 10 para. 3(3A)–(3C) inserted by 2023 c. 37 s. 13(3)(b)
Sch. 10 para. 3A and cross-heading inserted by 2023 c. 37 s. 13(4)
Sch. 10 para. 2(1)(ea)–(ec) inserted by 2025 c. 31 s. 46(4)
specified provision(s) amendment to earlier commencing S.I. 2017/1241, Sch. by S.I. 2018/31 reg. 2

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 51(4A)(4B) inserted by 2025 c. 31 s. 44(16)
s. 69(9)(d) and word inserted by 2023 c. 37 s. 21(2)(b)
Sch. 10 para. 3(2)(eza) inserted by 2023 c. 37 s. 13(3)(a)
Sch. 10 para. 3(3A)–(3C) inserted by 2023 c. 37 s. 13(3)(b)
Sch. 10 para. 3A and cross-heading inserted by 2023 c. 37 s. 13(4)
Sch. 10 para. 2(1)(ea)–(ec) inserted by 2025 c. 31 s. 46(4)

SCHEDULES

SCHEDULE 11Support for certain categories of migrant

PART 1Amendments of the Immigration Acts

Power to support failed asylum-seekers

7 (1)

Section 94 (interpretation of Part 6) is amended as follows.

(2)

In subsection (1)—

(a)

in the definition of “dependant”, after “asylum-seeker” insert “
, a failed asylum-seeker
”;

(b)

after the definition of “the Executive” insert—

““failed asylum-seeker” has the meaning given by subsection (2D);”;

(c)

for the definition of “supported person” substitute—

““supported person” means—

(a)

in relation to support under section 95, an asylum-seeker, or a dependant of an asylum-seeker, who has applied for support and for whom support is provided under that section, and

(b)

in relation to support under section 95A, a failed asylum-seeker, or a dependant of a failed asylum-seeker, who has applied for support and for whom support is provided under that section.”

(3)

In subsection (2), after “section 95” insert “
or 95A
”.

(4)

After subsection (2C) (inserted by paragraph 3(3) above) insert—

“(2D)

A person is a failed asylum-seeker for the purposes of this Part if—

(a)

the person is at least 18 years old,

(b)

the person—

(i)

was an asylum-seeker, or

(ii)

would have been an asylum-seeker at any time if the person had been at least 18 years old at that time,

(c)

the person’s protection claim has been rejected, and

(d)

the person is not an asylum-seeker.”

(5)

Omit subsections (5) and (6).