Legislation – Immigration Act 2016
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)
““failed asylum-seeker” has the meaning given by subsection (2D);”;
(c)
““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)
“(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).