Section 5: Housing: interpretative provisions, Asylum and Immigration Appeals Act 1993

The provisions of this section have effect for the purposes of section 4 above and Schedule 1 to this Act; and that section and Schedule are in the following provisions of this section referred to as “the housing provisions”.

For the purposes of the housing provisions a person who makes a claim for asylum—

becomes an asylum-seeker at the time when his claim is recorded by the Secretary of State as having been made; and

ceases to be an asylum-seeker at the time when his claim is recorded by the Secretary of State as having been finally determined or abandoned.

For the purposes of the housing provisions, a person—

becomes a dependant of an asylum-seeker at the time when he is recorded by the Secretary of State as being a dependant of the asylum-seeker; and

ceases to be a dependant of an asylum-seeker at the time when the person whose dependant he is ceases to be an asylum-seeker or, if it is earlier, at the time when he is recorded by the Secretary of State as ceasing to be a dependant of the asylum-seeker.

References in subsections (2) and (3) above to a time when an event occurs include references to a time before as well as after the passing of this Act.

In relation to an asylum-seeker, “dependant” means a person—

who is his spouse or a child of his under the age of eighteen; and

who has neither a right of abode in the United Kingdom nor indefinite leave under the 1971 Act to enter or remain in the United Kingdom.

Except in their application to Northern Ireland, in the housing provisions—

“the homelessness legislation” means, in relation to England and Wales, Part III of the Housing Act 1985 and, in relation to Scotland, Part II of the Housing (Scotland) Act 1987;

“housing authority” means—

in relation to England and Wales, any authority which is a local housing authority for the purposes of Part III of the Housing Act 1985; and

in relation to Scotland, any authority which is a local authority for the purposes of Part II of the Housing (Scotland) Act 1987;

and references to a housing authority who are dealing with an applicant’s case shall be construed as references to the authority to whom the application is made or (as the case may be) the authority who under the homelessness legislation are the notified authority in relation to the applicant.

In the application of the housing provisions to Northern Ireland—

“the homelessness legislation” means Part II of the Housing (Northern Ireland) Order 1988;

“housing authority” means the Northern Ireland Housing Executive and references to a housing authority who are dealing with an applicant’s case shall be construed as references to that Executive; and

references to the district of a housing authority shall be construed as references to Northern Ireland.

For the purposes of the housing provisions accommodation shall be regarded as available for the applicant’s occupation only if it is available for occupation both by him and by any other person who might reasonably be expected to reside with him and references to securing accommodation for his occupation shall be construed accordingly.

Section 5: Housing: interpretative provisions

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