Section 71 — Nationality, Immigration and Asylum Act 2002: Asylum-seeker: residence, &c. restriction

Asylum-seeker: residence, &c. restriction 71 1 This section applies to—

a a person who makes a claim for asylum at a time when he has leave to enter or remain in the United Kingdom, and b a dependant of a person within paragraph (a).

2 The Secretary of State or an immigration officer may impose on a person to whom this section applies any condition which may be imposed under Schedule 10 to the Immigration Act 2016 on a person liable to detention under paragraph 16 of Schedule 2 to the Immigration Act 1971 .

3 Where a condition is imposed on a person under subsection (2)—

a the condition shall be treated for all purposes as a condition imposed under Schedule 10 to the Immigration Act 2016 , and b if the person fails to comply with the condition he shall be liable to detention under paragraph 16 of Schedule 2 to the Immigration Act 1971 .

4 A condition imposed on a person under this section shall cease to have effect if he ceases to be an asylum-seeker or the dependant of an asylum-seeker.

5 In this section— “ asylum-seeker ” has the same meaning as in section 70, “ claim for asylum ” has the same meaning as in section 18, and “ dependant ” means a person who appears to the Secretary of State to be making a claim or application in respect of residence in the United Kingdom by virtue of being a dependant of another person.

6 Regulations under subsection (5)—

a may make different provision for different circumstances, b must be made by statutory instrument, and c shall be subject to annulment in pursuance of a resolution of either House of Parliament.