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Asylum Seeker

"An asylum seeker is someone who has lodged an application for protection on the basis of the Refugee Convention or Article 3 of the ECHR. A person who has applied for asylum but whose application is still pending, or a person whose application has been refused but whose appeal against refusal is still pending. Sections 77 and 78 of the Nationality, Immigration and Asylum Act 2002 prohibit the deportation or removal of an asylum seeker whose application or appeal against refusal of asylum is pending. Part VI of the Immigration and Asylum Act 1999 is concerned with Support for Asylum Seekers and Part II of the Nationality, Immigration and Asylum Act 2002 is concerned with Accommodation Centres for destitute asylum seekers. Section 94(1) of the 1999 Act and section 18 of the 2002 Act both contain substantially identical definitions of asylum seeker, in each case limited by reference to the part of the Act in which they appear. Section 18 of the 2002 Act defines an asylum seeker as person who is: a. at least 18 years old, b. has made a protection claim, and c. the person's claim - i. has been recorded by the Secretary of State, but ii. has not been determined. This is a limited definition in that it does not refer to appeals by way of protection claims against refusal of applications and does not refer to children. There is no general statutory definition of asylum seeker."

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