Immigration Bill and Implications for NACCOM members March 14 th 2016 Support provisions Gina Clayton

Changes to Asylum Support for refused asylum seekers S.4 repealed Two routes to qualify for support: Making ‘qualifying further submissions’ ‘failed asylum seeker’ who has ‘genuine obstacle’ to return

Qualifying further submissions Have been recorded by Home Office (s. 2B) Have not been determined before end of prescribed period (s.2B) Submissions are that person has a fresh claim for asylum or humanitarian protection (s.2C) not Article 8 Prescribed period will be in regulations – likely to be five days Regulations may also prescribe a period after decision before submissions are treated as determined. (s.3A)

Qualifying further submissions – prescribed periods Day one: Submissions handed in at Liverpool [TBA] prescribed period starts to run [five] days end (two if vulnerable). Applicant can apply for s.95 support Day 36: Decision received – submissions refused. 2 nd prescribed period [if this happens] starts to run [TBA no. of days] submissions treated as determined. Support ends.

Qualifying further submissions - more A person making further submissions which have been recorded and not determined is treated as an ‘asylum seeker’ (s.2B) There is a right of appeal against the refusal of s.95 but not against the ending of support when the claim is determined If the refusal of submissions is challenged by judicial review, the asylum seeker is eligible for s.95 once permission has been granted (s.3C) Presumably there is only one kind of s.95: support will be payable in cash, and there will be a subsistence-only option

Genuine obstacles to return ‘Failed asylum seeker’ s.95A Destitute or likely to become destitute within prescribed period Faces a genuine obstacle to leaving UK Regulations will say what is a genuine obstacle, conditions that may be attached to support, and how it is provided Obstacles will include not fit to fly, and having no travel documents if taking all reasonable steps to obtain them Can only apply within ‘grace’ period (i.e. within 21 days of becoming appeal rights exhausted) No appeal against refusal

Families N.B. This is a very basic outline and the provisions are complex and subject to amendment. S.95 support will be discontinued after 90 day ‘grace’ period after family’s appeal rights are exhausted. Bill sets out circumstances when local authorities will be expected to support families New scheme: Para 10A Schedule 3 Nationality Immigration and Asylum Act 2002

Which families Families are included in para 10A scheme if they have no immigration permission to be in UK OR Zambrano carers (parent is primary carer of a British Citizen child who would otherwise have to leave EU)

Conditions for support under para 10A Family is destitute Has a dependant child Are not receiving or eligible for s.95 or s.95A support AND

Conditions for support under para 10A (cont’d) They have made a non-asylum application to Home Office which has not yet been determined, or They are in time to lodge a non-asylum in-country appeal, or They have a non-asylum appeal pending, or They are appeal rights exhausted and have not failed to cooperate with arrangements to leave, or Support is necessary to safeguard and promote welfare of a dependant child