Asylum and Immigration Act 1996

Asylum claims

Extension of special appeals procedures

1

Removal etc. of asylum claimants to safe third countries

2

Appeals against certificates under section 2

3

Immigration offences

Obtaining leave by deception

4

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—

(aa) if, by means which include deception by him, he obtains or seeks to obtain leave to enter or remain in the United Kingdom;

.

Assisting asylum claimants, and persons seeking to obtain leave by deception

5

• (1) 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—

(a) the entry into the United Kingdom of anyone whom he knows or has reasonable cause for believing to be an illegal entrant; (b) the entry into the United Kingdom of anyone whom he knows or has reasonable cause for believing to be an asylum claimant; or (c) the obtaining by anyone of leave to remain in the United Kingdom by means which he knows or has reasonable cause for believing to include deception,

.

• (2) After that subsection there shall be inserted the following subsection—

(1A) Nothing in subsection (1)(b) above shall apply to anything which is done— (a) by a person otherwise than for gain, or in the course of his employment by a bona fide organisation whose purpose it is to assist refugees; or (b) in relation to a person who has been detained under paragraph 16 of Schedule 2 to this Act, or has been granted temporary admission under paragraph 21 of that Schedule; and in that provision “asylum claimant” means a person who intends to make a claim for asylum (within the meaning of the Asylum and Immigration Appeals Act 1993).

• (3) In subsection (5) of that section, for the words “Subsection (1)” there shall be substituted the words “ Subsection (1)(a) ”.

• (4) In subsection (6) of that section, for the words “subsection (1)” there shall be substituted the words “ subsection (1)(a) or (b) ”.

Increased penalties

6

In the following provisions, namely—

• (a) subsection (1) of section 24 of the 1971 Act (illegal entry and similar offences);

• (b) subsection (1) of section 26 (general offences in connection with administration of Act); and

• (c) section 27 (offences by persons connected with ships or aircraft or with ports),

for the words “level 4” there shall be substituted the words “ level 5 ”.

Power of arrest and search warrants

7

Persons subject to immigration control

Restrictions on employment

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Entitlement to housing accommodation and assistance

9

Entitlement to child benefit

10

Saving for social security regulations

11

Miscellaneous and supplemental

Other amendments and repeals

12

• (1) Schedule 2 to this Act (which contains amendments of the 1971 Act and a related amendment of the Immigration Act 1988) shall have effect.

• (2) Schedule 3 to this Act (which contains amendments of the 1993 Act) shall have effect.

• (3) The enactments specified in Schedule 4 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

Short title, interpretation, commencement and extent

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• (1) This Act may be cited as the Asylum and Immigration Act 1996.

• (2) In this Act—

• “the 1971 Act” means the Immigration Act 1971;

• “the 1993 Act” means the Asylum and Immigration Appeals Act 1993;

• “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).

• (3) 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.

• (4) An order under subsection (3) above may make such transitional and supplemental provision as the Secretary of State thinks necessary or expedient.

• (5) 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.

• (6) This Act extends to Northern Ireland.

SCHEDULE 1

Part I — Social Security (Persons From Abroad) Miscellaneous Amendments Regulations 1996

Preliminary

1

In this Part of this Schedule—

• (a) “the 1996 Regulations” means the Social Security (Persons from Abroad) Miscellaneous Amendments Regulations 1996; and

• (b) expressions which are used in the 1996 Regulations have the same meanings as in those Regulations.

Income support

2

In regulation 8 of the 1996 Regulations (amendment of the Income Support Regulations)—

• (a) 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

• (b) paragraph (3)(c) and (d),

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.

Housing benefit

3

In regulation 7 of the 1996 Regulations (amendment of regulation 7A of the Housing Benefit Regulations)—

• (a) paragraph (a) so far as relating to the sub-paragraph added to regulation 7A(4) of the Housing Benefit Regulations as sub-paragraph (g);

• (b) paragraph (b) so far as relating to sub-paragraphs (a) and (b) of the paragraph substituted for regulation 7A(5) of those Regulations; and

• (c) paragraph (c),

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.

Council tax benefit

4

In regulation 3 of the 1996 Regulations (amendment of regulation 4A of the Council Tax Benefit Regulations)—

• (a) 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);

• (b) paragraph (b) so far as relating to sub-paragraphs (a) and (b) of the paragraph substituted for regulation 4A(5) of those Regulations; and

• (c) paragraph (c),

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.

General

5

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) ”.

6

• (1) 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—

• (a) shall not be entitled to the benefit for any period beginning on or after the day on which this Act is passed; and

• (b) shall not be entitled to the benefit for any period beginning on or after 5th February 1996 except on a claim made before the day on which this Act is passed, or an application made before that day for the review of a decision.

• (2) Nothing in this paragraph shall apply in any case where a person is entitled to the benefit in question either—

• (a) by virtue of regulation 12(1) of the 1996 Regulations (saving); or

• (b) by virtue of regulations making such provision as is mentioned in section 11(2) of this Act.

Part II — Social Security (Persons From Abroad) (Miscellaneous Amendments) Regulations (Northern Ireland) 1996

Preliminary

7

In this Part of this Schedule “the 1996 Regulations” means the Social Security (Persons from Abroad) (Miscellaneous Amendments) Regulations (Northern Ireland) 1996.

Income support

8

In regulation 4 of the 1996 Regulations (amendment of the Income Support (General) Regulations)—

• (a) 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

• (b) paragraph (3)(b),

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.

Housing benefit

9

In regulation 5 of the 1996 Regulations (amendment of the Housing Benefit (General) Regulations)—

• (a) 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);

• (b) paragraph (b) so far as relating to sub-paragraphs (a) and (b) of the paragraph substituted for regulation 7A(5) of those Regulations; and

• (c) paragraph (c),

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.

General

10

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) ”.

11

• (1) 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—

• (a) shall not be entitled to the benefit for any period beginning on or after the day on which this Act is passed; and

• (b) shall not be entitled to the benefit for any period beginning on or after 5th February 1996 except on a claim made before the day on which this Act is passed, or an application made before that day for the review of a decision.

• (2) Nothing in this paragraph shall apply in any case where a person is entitled to the benefit in question either—

• (a) by virtue of regulation 11(1) of the 1996 Regulations (saving); or

• (b) by virtue of regulations making such provision as is mentioned in section 11(2) of this Act.

SCHEDULE 2

General provisions for regulation and control, &c.

1

• (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—

(c) if he is given limited leave to enter or remain in the United Kingdom, it may be given subject to all or any of the following conditions, namely— (i) a condition restricting his employment or occupation in the United Kingdom; (ii) a condition requiring him to maintain and accommodate himself, and any dependants of his, without recourse to public funds; and (iii) a condition requiring him to register with the police.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Persons belonging to another’s family

2

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—

(b) where that other person is a woman, her husband and her or his children under the age of eighteen;

.

Appeals against conditions

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

4

• (1) In subsection (1) of section 33 of the 1971 Act (interpretation), for the definitions of “entrant” and “illegal entrant” there shall be substituted the following definitions—

“entrant” means a person entering or seeking to enter the United Kingdom and “illegal entrant” means a person— (a) unlawfully entering or seeking to enter in breach of a deportation order or of the immigration laws, or (b) entering or seeking to enter by means which include deception by another person, and includes also a person who has entered as mentioned in paragraph (a) or (b) above;

.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Information and documents

5

• (1) 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, ”.

• (2) In sub-paragraph (3) of that paragraph—

• (a) after the words “is carrying or conveying” there shall be inserted the words “ , or has carried or conveyed, ”;

• (b) for the words from “he and any” to “control” there shall be substituted the following paragraphs—

(a) he and any baggage or vehicle belonging to him or under his control; and (b) any ship, aircraft or vehicle in which he arrived in the United Kingdom,

; and

• (c) after the words “is doing” there shall be inserted the words “ or, as the case may be, has done ”.

Removal of illegal entrants

6

Paragraph 9 of Schedule 2 to the 1971 Act (removal of illegal entrants) shall be renumbered as sub-paragraph (1) of that paragraph; and after that provision as so renumbered there shall be inserted the following sub-paragraph—

(2) Any leave to enter the United Kingdom which is obtained by deception shall be disregarded for the purposes of this paragraph.

Arrest of persons liable to detention

7

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.

Recovery of expenses incurred in detaining persons refused leave to enter

8

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) ”.

Recovery of expenses incurred in detaining illegal entrants

9

• (1) 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) ”.

• (2) After that sub-paragraph there shall be inserted the following sub-paragraph—

(1A) Sub-paragraph (1) above shall not apply to expenses in respect of an illegal entrant if he obtained leave to enter by deception and the leave has not been cancelled under paragraph 6(2) above.

.

Temporary admission of persons liable to detention

10

After sub-paragraph (2) of paragraph 21 of Schedule 2 to the 1971 Act (temporary admission of persons liable to detention) there shall be inserted the following sub-paragraphs—

(3) 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. (4) If the person fails at any time to comply with that restriction— (a) an immigration officer may direct that the person’s examination under paragraph 2 above shall be treated as concluded at that time; but (b) nothing in paragraph 6 above shall require the notice giving or refusing him leave to enter the United Kingdom to be given within twenty-four hours after that time.

Temporary release of persons liable to detention

11

• (1) For sub-paragraph (1) of paragraph 22 of Schedule 2 to the 1971 Act (temporary release of persons liable to detention) there shall be substituted the following sub-paragraphs—

(1) The following, namely— (a) a person detained under paragraph 16(1) above pending examination; and (b) a person detained under paragraph 16(2) above pending the giving of directions, may be released on bail in accordance with this paragraph. (1A) 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. (1B) 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.

• (2) In sub-paragraph (2) of that paragraph—

• (a) for the word “adjudicator”, in the first place where it occurs, there shall be substituted the words “ immigration officer or adjudicator ”; and

• (b) for the word “adjudicator”, in the second place where it occurs, there shall be substituted the words “ officer or adjudicator ”.

• (3) In sub-paragraph (3) of that paragraph—

• (a) for the word “adjudicator”, in the first place where it occurs, there shall be substituted the words “ immigration officer or adjudicator ”; and

• (b) for the word “adjudicator”, in the second and third places where it occurs, there shall be substituted the words “ officer or adjudicator ”.

Grant of bail pending removal

12

After paragraph 33 of Schedule 2 to the 1971 Act there shall be inserted the following paragraph—

(34) (1) Paragraph 22 above shall apply in relation to a person— (a) directions for whose removal from the United Kingdom are for the time being in force; and (b) who is for the time being detained under Part I of this Schedule, as it applies in relation to a person detained under paragraph 16(1) above pending examination or detained under paragraph 16(2) above pending the giving of directions. (2) Paragraphs 23 to 25 above shall apply as if any reference to paragraph 22 above included a reference to that paragraph as it applies by virtue of this paragraph.

Supplementary provisions as to deportation

13