§ The Minister for Citizenship and Immigration (Beverley Hughes)Following Royal Assent of the Nationality, Immigration and Asylum Act 2002 on 7 November 2002 section 55 of that Act will be brought into force on 8 January 2003.
From that date, if an applicant for support from the National Asylum Support Service (NASS) makes an asylum claim immediately on arrival at the port then support will be granted provided the other criteria for support are fulfilled. If the person fails, without a good reason, to make an asylum claim immediately at the port of arrival then support will be refused unless one of the exceptions applies.
These exceptions cover families with children, those with special needs, those claiming asylum in country following a significant change in circumstances in their country of origin (provided they make their asylum claim at the earliest possible opportunity following that change of circumstances) and those who can show they would otherwise suffer treatment contrary to article 3 European Convention on Human Rights. Persons falling within these exceptions may be granted support (assuming they otherwise qualify for it) even if they have not claimed asylum on arrival at the port.
But apart from these exceptions, we expect all single asylum seekers or couples without children who wish to claim asylum and who want MASS support to make an immediate application for asylum at the port of arrival. It will not be acceptable for an asylum seeker wanting MASS support to postpone making an asylum claim unless there is a very good reason for doing so. And even if there is a good reason for not claiming asylum immediately on arrival at the port, the person must claim asylum as soon as possible thereafter.
The Secretary of State is prohibited by statute from providing support unless he is satisfied that the person claiming support has made the asylum claim as soon as reasonably practicable after arrival in the United Kingdom. In most cases, for those not within the exceptions, that will mean, claiming asylum immediately on arrival at the port.