ICAR

relevant legislation

Employment of refugees and asylum seekers is governed by the following legislation:

• Section 8 of the Asylum and Immigration Act 1996 which aims to ensure that employment is offered only to those entitled to live and work in the UK. Guidance was also issued in 1996 to remind employers of their obligations not to discriminate in recruitment or employment under the Race Relations Act 1976.
• Section 22 of the Immigration and Asylum Act 1999 provides that in seeking to avoid conviction under Section 8 employers do not unlawfully discriminate.

The Nationality, Immigration and Asylum Act 2002 does not contain direct changes to the employment of refugees and asylum seekers. However, it does include a range of measures to combat illegal working, such as extending the obligation of employers to show proof of eligibility to work to business partnerships (Section 147), and increasing the power of immigration officers and police to enter and search business premises without a warrant (Section 153). The recent removal of the concession to work for asylum seekers from July 2002 is not governed by any legislation (see key issues below).

Last Updated: 20/07/05

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