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Statutory Instrument 2005 No. 7The Asylum Seekers (Reception Conditions) Regulations 2005(The document as of February, 2008. Arhiv.Online Library) STATUTORY INSTRUMENTS2005 No. 7IMMIGRATIONThe Asylum Seekers (Reception Conditions) Regulations 2005
The Secretary of State, being a Minister designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to measures relating to immigration, asylum, refugees and displaced persons, in exercise of the powers conferred upon him by that section, hereby makes the following Regulations: Citation and commencement 1. - (1) These Regulations may be cited as the Asylum Seekers (Reception Conditions) Regulations 2005 and shall come into force on 5th February 2005. (2) These Regulations shall only apply to a person whose claim for asylum is recorded on or after 5th February 2005. Interpretation 2. - (1) In these Regulations -
(b) "asylum seeker" means a person who is at least 18 years old who has made a claim for asylum which has been recorded by the Secretary of State but not yet determined; (c) "claim for asylum" means a claim made by a third country national or a stateless person that to remove him or require him to leave the United Kingdom would be contrary to the United Kingdom's obligations under the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol[4]; (d) "family members" means, in so far as the family already existed in the country of origin, the following members of the asylum seeker's family who are present in the United Kingdom and who are asylum seekers or dependants on the asylum seeker's claim for asylum:
(ii) the minor child of the couple referred to in paragraph (2)(d)(i) or of the asylum seeker as long as the child is unmarried and dependent on the asylum seeker; (e) "Immigration Acts" has the same meaning as in section 44 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004[5]; and (2) For the purposes of these Regulations -
(b) an appeal is disposed of when it is no longer pending for the purposes of the Immigration Acts. Families
(b) a disabled person; (c) an elderly person; (d) a pregnant woman; (e) a lone parent with a minor child; or (f) a person who has been subjected to torture, rape or other serious forms of psychological, physical or sexual violence; who has had an individual evaluation of his situation that confirms he has special needs.
(b) a person shall be an unaccompanied minor until he is taken into the care of such an adult or until he reaches the age of 18 whichever is the earlier; (c) an unaccompanied minor also includes a minor who is left unaccompanied after he arrives in or enters the United Kingdom but before he makes his claim for asylum.
(This note is not part of the Regulations) These Regulations together with the inclusion of a new Part 11B in the Immigration Rules (HC 395) and amendments made to the Asylum Support Regulations 2000 (S.I. 2000/704) make the provision which is necessary for the implementation of Council Directive 2003/9/EC of 27th January 2003 laying down minimum standards for the reception of asylum seekers (OJ L31 6.2.03 p 18) ("the Directive"). Many parts of the Directive do not require implementation as consistent provision is already made in existing domestic legislation. A transposition note has been prepared and is published together with the explanatory memorandum for this instrument on HMSO's website: www.hmso.gov.uk. These Regulations apply to asylum seekers who make a claim for asylum under the Refugee Convention on or after 5th February 2005. Both asylum seeker and claim for asylum are defined in regulation 2. Regulation 3 requires the Secretary of State to have regard to family unity when he is providing accommodation for asylum seekers under section 95 or 98 of the Immigration and Asylum Act 1999 ("the 1999 Act"). Where possible, and providing the family agrees, family members should be accommodated together. Family members are defined in regulation 2 so as to include a spouse or partner in a stable relation and any unmarried dependent minor children of either the asylum seeker himself or of the couple. Regulation 3 does not apply, however, if the Secretary of State is providing accommodation for a child in the family under section 122 of the 1999 Act. Regulation 4 requires the Secretary of State to take account of the special needs of a vulnerable person when he is providing or considering whether to provide support under section 95 or 98 of the 1999 Act. A vulnerable person is defined as someone, such as an elderly person or a lone parent who has had an assessment that confirms he does have special needs. Paragraph (4) makes it clear that the Secretary of State is not obliged to carry out such an assessment. Regulation 5 requires the Secretary of State to offer support under section 95 or 98 to an asylum seeker (or his family member) if the Secretary of State thinks that he is eligible for it. Regulation 6 requires the Secretary of State to endeavour to trace the family members of an unaccompanied asylum seeking child. If there is a threat to the safety of either the child or his family members enquiries must take place on a confidential basis. Notes: [1]S.I. 2004/2642 designates the Secretary of State in matters relating to immigration, asylum, refugees and displaced persons.back [2]1972 c. 68.back [3]1999 c. 33.back [4]The Convention relating to the Status of Refugees ("the Refugee Convention") is contained in United Nations Treaty Series No. 2545, volume 189 at page 137 and applied to those who became refugees as a result of events occurring before 1st January 1951. It came into force on 22nd April 1954. The 1967 Protocol relating to the Status of Refugees is contained in United Nations, Treaty Series No. 8791, volume 606 at page 267. It amends the Refugee Convention so that it also applies to those who become refugees as a result of events occurring on or after 1st January 1951 and it came into force on 4th October 1967.back [5]2004 c. 19.back [6]Section 95 was amended by section 44 of the Nationality, Immigration and Asylum Act 2002 (c. 41) but the amendments are not yet in force.back [7]Section 122 was amended by section 47 of the Nationality, Immigration and Asylum Act 2002 but the amendments are not yet in force.back ISBN0 11 051519 6 -- Back--
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