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Paragraph 7A C1F1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Paragraph 1 applies to a person if—

(a)

he—

(i)

is treated as an asylum-seeker for the purposes of Part VI of the Immigration and Asylum Act 1999 (c. 33) (support) by virtue only of section 94(3A) (failed asylum-seeker with dependent child), or

(ii)

is treated as an asylum-seeker for the purposes of Part 2 of this Act by virtue only of section 18(2),

(b)

the Secretary of State has certified that in his opinion the person has failed without reasonable excuse to take reasonable steps—

(i)

to leave the United Kingdom voluntarily, or

(ii)

to place himself in a position in which he is able to leave the United Kingdom voluntarily,

(c)

the person has received a copy of the Secretary of State’s certificate, and

(d)

the period of 14 days, beginning with the date on which the person receives the copy of the certificate, has elapsed.

(2)

Paragraph 1 also applies to a dependant of a person to whom that paragraph applies by virtue of sub-paragraph (1).

(3)

For the purpose of sub-paragraph (1)(d) if the Secretary of State sends a copy of a certificate by first class post to a person’s last known address, the person shall be treated as receiving the copy on the second day after the day on which it was posted.

(4)

The Secretary of State may by regulations vary the period specified in sub-paragraph (1)(d).

Annotations

Textual amendments

F1

Sch. 3 para. 7A and preceding cross-heading inserted (1.12.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 9(1), 48(1)-(3); S.I. 2004/2999, art. 2, Sch. (with transitional provisions in art. 4)

Modifications

C1

Sch. 3 para. 7A: power to repeal conferred (prosp.) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 44, 62

Notes on Schedule 3

Modifications

C1

Sch. 3 applied (with modifications) (25.2.2008) by The Independent Police Complaints Commission (Immigration and Asylum Enforcement Functions) Regulations 2008 (S.I. 2008/212), regs. 1, 5(b), Sch. 2

C2

Sch. 3 applied (with modifications) (31.12.2020) by The Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 (S.I. 2020/1209), regs. 1(1), 3(4), 4(5), 12(1)(k)