Please Note
Following the introduction of the New Asylum Model (NAM) in March 2007, the National Asylum Support Service (NASS) ceased to exist in April of the same year. Decisions on asylum support are made by UK Border Agency (UKBA).
Background
Measures in the Asylum and Immigration Act 1996 and subsequent legal challenges under the National Assistance Act 1948, created a chaotic situation in relation to support for asylum seekers. The 1999 Act brought in sweeping changes to the way asylum seekers are supported while they await a decision on their claim. It removed all remaining access to welfare benefits for asylum seekers and introduced the National Asylum Support Service (NASS), further separating asylum seekers from mainstream welfare provision.
Changes to immigration controls
Parts 1 and 2 of the 1999 Act extended carriers’ liability to cover all road passenger vehicles, shipping, air transport and international railway services and introduced fines for carriers of £2,000 for every illegal entrant transported to the UK. It also increased immigration officers’ powers and abolished appeal rights against safe third country removals.
Introduction of automatic bail Hearings
Part 3 of the 1999 Act allowed asylum seekers to apply for a bail hearing and extended legal aid to cover both appeal and bail hearings. However, automatic bail hearings were never implemented and were later repealed by the Nationality, Immigration and Asylum Act 2002.
Restrictions to asylum appeals
Part 4 of the 1999 Act made a number of changes to the asylum and immigration appeals process. These were intended to provide a ‘one stop’ comprehensive appeal against refused applications. The 1999 Act ended certification by country, but retained a wide range of other reasons for which any asylum application could be certified as clearly or manifestly unfounded (refused immediately and allowed only limited appeal rights). It also allowed the Immigration Appeal Tribunal to impose penalties where they judged that cases had been brought without merit.
Regulation of immigration advice
Part 5 of the 1999 Act established a system for regulating the provision of immigration advice through the Office of the Immigration Services Commissioner (OISC).
There had been widespread concern about the quality of advice being given to asylum seekers and growing evidence of abusive practices, such as overcharging and poor advice. Prior to the 1999 Act, very little regulation occurred beyond the legal profession’s own supervisory bodies.
Part 5 of the Act made it a criminal offence to provide immigration advice without complying with the new regulatory system. Regulation applies to all organisations, not just lawyers and barristers. The legal profession is initially regulated through its own professional bodies (the Law Society and the Bar Council) but ultimate responsibility for regulation rests with the OISC. Any other organisation must register with the OISC and either pay the required fee or seek an exemption. The requirements even apply for simple information provision such as signposting and apply irrespective of whether a charge is made for the service.
Removal of remaining benefits and NASS
Part 6 of the 1999 Act ended any remaining entitlement to benefits for asylum seekers. It removed rights to some community care services, any social housing, support under the National Assistance Act 1948 (Social Work (Scotland) Act 1968) and access to support and accommodation under the Children Act 1989 (Children Act (Scotland)).
The Act set up a new support system run by the National Asylum Support Service (NASS), part of the Home Office, to provide emergency accommodation, support vouchers and one stop services. Interim support arrangements were also put in place to phase in the new support system along with a dispersal scheme to relieve pressure on local authorities in London and the South East.
Section 4 of the 1999 Act also established ‘hard cases’ support for people who have exhausted all appeal rights and who are destitute. This is known as Section 4 support and comes in the form of accommodation outside London and the South East.
New powers for immigration officers
Part 7 extended immigration officers’ powers to enter premises and search, arrest and detain asylum seekers suspected of breaching any conditions of bail, as well as to arrest and detain any asylum seeker charged with seeking to enter or remain using deception (such as using a false passport).
Management of detention centres
Part 8 of the Act sets statutory rules for contracting out and managing detention centres.
