Asylum: Housing
The question
To ask the Secretary of State for the Home Department, whether she has made an assessment of the potential merits of preventing asylum seekers in Home Office supported accommodation from being able to go out into the community freely.
Answered by Anna Turley
In accordance with current legislation, people with a valid pending claim for asylum are permitted to remain in the UK while their claim is being processed, and as they have permission to remain in the UK during that time, they cannot be routinely detained. Detention is primarily used to facilitate removal of those who have no lawful right to remain in the UK, and who refuse to leave voluntarily.
Those in the asylum system who have valid leave may be subject to conditions under section 71 of the Nationality, Immigration and Asylum Act 2002. Asylum Seekers who have no leave to be in the UK, who are not detained, will be placed on immigration bail with strict conditions set under Schedule 10 to the Immigration Act 2016.
The conditions imposed are considered on a case-by-case basis and can include requirements on where a person must live, as well as obligations to maintain regular contact with the Home Office. This may include reporting in person, by telephone or digitally, and notifying the Home Office of any changes to contact details. Failure to comply with these conditions may result in further immigration enforcement action including immigration detention.
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