some thoughts -
eligibility for asylum support of course depends on the person pursuing an asylum application .... but i think the first person may still fall within the definition?
the Immigration and Asylum Act 1999 that introduced the asylum suport system defined a "claim for asylum" for support purposes as - 'a claim that it would be contrary to the United Kingdom's obligations under the Refugee Convention, or under Article 3 of the Human Rights Convention, for the claimant to be removed from, or required to leave, the United Kingdom' see - http://www.hmso.gov.uk/acts/acts1999/90033--f.htm#94
so i think s/he may be covered by the Article 3 of the Human Rights Convention bit?
does anyone know whether this has subsequently been amended ? ... i'm not aware that it has
re the second person ... if they're not entitled to benefit, then it doesn't sound like they're any longer an asylum seeker and therefore would not be able to access asylum support ... a fall back position, depending on their cirumstances, might be to look at possible support under community care legislaton (national assistance act etc?)
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