Commentary on provisions of the Act Section 9: Support where asylum claim inadmissible
Those individuals whose claims are declared inadmissible under section 5 of the Illegal Migration Act 2023 who are not detained may need access to support. This section amends relevant legislation to provide for support to individuals whose asylum claims are declared inadmissible under section 5 on the same basis as those whose asylum claims are declared inadmissible under section 80A or 80B of the 2002 Act.
	Subsections (2) and (3) amend the provisions of the 1999 Act relating to the provision of asylum support. Section 4(2) of the 1999 Act enables the Secretary of State to provide, or arrange for the provision of, accommodation of a person if they were, but are no longer, an asylum-seeker, and their claim for asylum was rejected or declared inadmissible under section 80A or 80B of the 2002 Act. Subsection (2) amends section 4(2) of the 1999 Act to extend this power to provide accommodation to cover persons whose asylum claims are declared inadmissible by virtue of section 5 of the Illegal Migration Act 2023 . (Section 4 of the 1999 Act is prospectively repealed by schedule 11 to the 2016 Act but the repeal is not yet in force except for the repeal of section 4(1).)
	Part 6 of the 1999 Act confers powers on the Secretary of State to provide accommodation and other support for asylum seekers. Subsection (3) amends section 94 of the 1999 Act (which defines terms used in Part 6) so that the circumstances in which an asylum claim is determined or rejected include where the claim is declared inadmissible under section 5 of the Illegal Migration Act 2023 and that notification of a declaration of inadmissibility is treated as notification of the decision on the asylum claim.
	Subsections (5) and (6) amend Part 2 of the 2002 Act which makes provision for accommodation centres for asylum-seekers and their dependents. Subsection (5) amends section 18 so that the circumstances in which an asylum claim is determined include where asylum claims are declared inadmissible under section 5 of the Illegal Migration Act 2023. Subsection (6) amends section 21 of the 2002 Act, the effect of which is to provide that a claim for asylum is to be treated as determined for the purposes of Part 2 of that Act when the Secretary of State declares a claim inadmissible under section 5 of the Illegal Migration Act 2023. Schedule 3 to the 2002 Act restricts the type of support and accommodation that is provided to, amongst others, failed asylum seekers. Subsection (7) amends paragraph 17(2A), the effect of which is to treat persons who have had their asylum claim declared inadmissible under section 5 of the Illegal Migration Act 2023 as not, or no longer, being asylum-seekers for the purposes of the provisions in Schedule 3 to the 2002 Act .