Question to the Home Office:

To ask the Secretary of State for the Home Department, how many foreign national offenders are in receipt of support under section 94 or section 95 of the Immigration and Asylum Act 1999.

The information you have requested regarding the number of foreign national offenders (FNOs) in receipt of support under section 95 of the Immigration and Asylum Act 1999 is not published.

We make every effort to ensure that an FNO's removal coincides, as far as possible, with their release from prison on completion of their sentence. However, in some cases while their asylum claims are being considered under our international obligations, they may be granted support under section 95 and placed in asylum accommodation, to avoid them becoming destitute and, therefore, challenging to monitor while their asylum claim is progressed.

Earlier this year, the Home Office changed the law to revoke the statutory legal duty to provide asylum seekers with support and accommodation. This allows the Home Office to operate a more flexible approach to providing accommodation.

Any FNO granted section 95 support would still need to meet their specific immigration bail requirements and, while they remain subject to licence conditions, have their accommodation approved by probation before they move in. The accommodation would go through a risk management process to ensure the communities they reside in are safeguarded from harm.

Furthermore, if an FNO breaches the conditions of their support, they are no longer destitute, or their asylum claim has been concluded or withdrawn, their eligibility for support would be reassessed.