Session 2013 - 14
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1581

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Thursday 23 January 2014

 

For other Amendment(s) see the following page(s) of Supplement to Votes:

 

1289, 1305, 1321, 1343 1355 and 1567-73

 

Consideration of Bill


 

Immigration Bill, As Amended

 

Secretary Theresa May

 

6

 

Clause  12,  page  10,  line  10,  leave out from ‘appeal)’ to end of line 17 and insert ‘,

 

the appeal must be brought from outside the United Kingdom if—

 

(a)    

the claim to which the appeal relates has been certified under section

 

94(1) or (7) (claim clearly unfounded or removal to safe third country), or

 

(b)    

paragraph 5(3)(a), 10(3), 15(3) or 19(b) of Schedule 3 to the Asylum and

 

Immigration (Treatment of Claimants, etc) Act 2004 (removal of asylum

 

seeker to safe third country) applies.

 

    

Otherwise, the appeal must be brought from within the United Kingdom.’.

 

Secretary Theresa May

 

7

 

Clause  12,  page  10,  line  19,  leave out from ‘appeal)’ to end of line 33 and insert

 

‘where the claim to which the appeal relates was made while the appellant was in the

 

United Kingdom, the appeal must be brought from outside the United Kingdom if—

 

(a)    

the claim to which the appeal relates has been certified under section

 

94(1) or (7) (claim clearly unfounded or removal to safe third country) or

 

section 94B (certification of human rights claims made by persons liable

 

to deportation), or

 

(b)    

paragraph 5(3)(b) or (4), 10(4), 15(4) or 19(c) of Schedule 3 to the

 

Asylum and Immigration (Treatment of Claimants, etc) Act 2004

 

(removal of asylum seeker to safe third country) applies.

 

    

Otherwise, the appeal must be brought from within the United Kingdom.

 

( )    

In the case of an appeal under section 82(1)(b) (human rights claim appeal) where

 

the claim to which the appeal relates was made while the appellant was outside

 

the United Kingdom, the appeal must be brought from outside the United

 

Kingdom.’.

 

Secretary Theresa May

 

8

 

Schedule  8,  page  100,  line  6,  at end insert—


 
 

Notices of Amendments: 23 January 2014                  

1582

 

Immigration Bill, continued

 
 

‘          

In Schedule 2 (administrative provisions as to control on entry etc), in

 

paragraph 2A(9), for “(immigration and asylum appeals)” substitute “(appeals

 

in respect of protection and human rights claims)”.

 

            

In Schedule 3 (supplementary provisions as to deportation), in paragraph 3, for

 

the words from “of the kind” to “order)” substitute “that relates to a deportation

 

order”.’.

 

Secretary Theresa May

 

9

 

Schedule  8,  page  100,  line  13,  leave out paragraph 15 and insert—

 

‘          

The Immigration and Asylum Act 1999 is amended as follows.

 

            

Section 23 (monitoring refusals of entry clearance) is repealed.

 

    (1)  

Section 141 (fingerprinting) is amended as follows.

 

      (2)  

In subsection (7)—

 

(a)    

for paragraph (c) substitute—

 

“(c)    

any person (“C”) in respect of whom the Secretary of

 

State has decided—

 

(i)    

to make a deportation order, or

 

(ii)    

that section 32(5) of the UK Borders Act

 

2007 (automatic deportation of foreign

 

criminals) applies;

 

(ca)    

any person (“CA”) who requires leave to enter or

 

remain in the United Kingdom but does not have it;”;

 

(b)    

in paragraph (f), for the words from “paragraph (c)” to the end

 

substitute “paragraph (c)(ii)”.

 

      (3)  

In subsection (8), for paragraph (c) substitute—

 

“(c)    

for C, when he is notified of the decision mentioned in

 

subsection (7)(c);

 

(ca)    

for CA, when he becomes a person to whom this section

 

applies;”.

 

      (4)  

In subsection (9)—

 

(a)    

in paragraph (b), after “C” insert “, CA”;

 

(b)    

in paragraph (c)(i) for “relevant immigration decision” substitute

 

“decision mentioned in subsection (7)(c)”;

 

(c)    

after paragraph (c) insert—

 

“(ca)    

for CA, when he no longer requires leave to enter or

 

remain in the United Kingdom;”;

 

      (5)  

Omit subsection (16).’.

 

Secretary Theresa May

 

10

 

Schedule  8,  page  103,  line  1,  at end insert—

 

‘( )    

in the definition of “human rights claim”—

 

(i)    

after “Kingdom” insert “or to refuse him entry into the United

 

Kingdom”;

 

(ii)    

omit “as being incompatible with his Convention rights”;’.

 

Secretary Theresa May

 

11

 

Schedule  8,  page  104,  line  16,  at end insert—


 
 

Notices of Amendments: 23 January 2014                  

1583

 

Immigration Bill, continued

 
 

‘Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c. 19)

 

    (1)  

Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act

 

2004 (removal of asylum seeker to safe third country) is amended as follows.

 

      (2)  

In paragraph 1, at the end insert—

 

  “(3)  

Section 92 of the Nationality, Immigration and Asylum Act 2002

 

makes further provision about the place from which an appeal

 

relating to an asylum or human rights claim may be brought or

 

continued.”

 

      (3)  

In paragraph 5—

 

(a)    

omit sub-paragraph (2);

 

(b)    

in sub-paragraph (3), for the words from “by virtue of” to “rights)”

 

substitute “from within the United Kingdom”;

 

(c)    

in sub-paragraph (4), for “by virtue of section 92(4)(a) of that Act”

 

substitute “from within the United Kingdom”.

 

      (4)  

In paragraph 10—

 

(a)    

omit sub-paragraph (2);

 

(b)    

in sub-paragraph (3), for the words from “by virtue of” to “rights)”

 

substitute “from within the United Kingdom”;

 

(c)    

in sub-paragraph (4), for “by virtue of section 92(4)(a) of that Act”

 

substitute “from within the United Kingdom”.

 

      (5)  

In paragraph 15—

 

(a)    

omit sub-paragraph (2);

 

(b)    

in sub-paragraph (3), for the words from “by virtue of” to “rights)”

 

substitute “from within the United Kingdom”;

 

(c)    

in sub-paragraph (4), for “by virtue of section 92(4)(a) of that Act”

 

substitute “from within the United Kingdom”.

 

      (6)  

In paragraph 19—

 

(a)    

omit paragraph (a);

 

(b)    

in paragraph (b), for the words from “by virtue of” to “rights)”

 

substitute “from within the United Kingdom”;

 

(c)    

in paragraph (c), for “by virtue of section 92(4)(a) of that Act”

 

substitute “from within the United Kingdom”.’

 

Secretary Theresa May

 

12

 

Schedule  8,  page  104,  line  18,  at end insert—

 

      ‘()  

In section 12(3) (new definition of human rights claims), in paragraph (a) of

 

the definition of “human rights claim”—

 

(a)    

after “Kingdom” insert “or to refuse him entry into the United

 

Kingdom”;

 

(b)    

omit “as being incompatible with his Convention rights”.’.

 

Secretary Theresa May

 

13

 

Schedule  8,  page  104,  line  29,  at end insert—

 

‘UK Borders Act 2007 (c. 30)

 

            

In section 17 of the UK Borders Act 2007 (support for failed asylum-seekers),

 

in subsection (2)—


 
 

Notices of Amendments: 23 January 2014                  

1584

 

Immigration Bill, continued

 
 

(a)    

in paragraph (a), omit “against an immigration decision”;

 

(b)    

in paragraph (b), omit “against an immigration decision”.’.

 

Secretary Theresa May

 

14

 

Schedule  8,  page  104,  line  42,  at end insert—

 

      ‘()  

In section 2B (appeal to SIAC against deprivation of citizenship), omit the

 

words from “(and” to the end.’.

 

Secretary Theresa May

 

15

 

Schedule  8,  page  105,  line  15,  column 2, at beginning insert—

  

Section 15(2), (3) and (5).

 
 

Secretary Theresa May

 

16

 

Schedule  8,  page  105,  line  27,  at end insert—

 

Borders, Citizenship and

Section 51(3).

 
 

Immigration Act 2009

  
 

Secretary Theresa May

 

That paragraph 44 of Schedule 8 be transferred to line 11 on page 100.

 

Secretary Theresa May

 

17

 

Schedule  3,  page  56,  line  5,  after ‘Part’ insert ‘1 or’.

 

Secretary Theresa May

 

18

 

Schedule  3,  page  56,  line  6,  after ‘Ireland’ insert ‘—

 

(i)    

Chapter 4 of Part 2 of the Housing (Northern Ireland) Order 1981

 

(S.I. 1981/156 (N.I. 3)), or

 

(ii)    

’.

 

Secretary Theresa May

 

19

 

Schedule  3,  page  56,  leave out lines 11 to 21 and insert—

 

‘1A(1)  

This paragraph applies for the purposes of paragraph 1.

 

      (2)  

An allocation of housing accommodation by a local housing authority in

 

England to a person who is already—

 

(a)    

a secure or introductory tenant, or

 

(b)    

an assured tenant of housing accommodation held by a private

 

registered provider of social housing or a registered social landlord,

 

            

is to be treated as an allocation of housing accommodation by virtue of Part 6

 

of the Housing Act 1996 (and accordingly section 159(4A) of that Act is to be

 

ignored).

 

      (3)  

An allocation of housing accommodation that falls within a case specified in,

 

or prescribed under, section 160 of the Housing Act 1996 (cases where


 
 

Notices of Amendments: 23 January 2014                  

1585

 

Immigration Bill, continued

 
 

provisions about allocation under Part 6 of that Act do not apply) is to be

 

treated as an allocation of housing accommodation by virtue of Part 6 of that

 

Act (and accordingly that section is to be ignored).

 

      (4)  

An allocation of housing accommodation by virtue of Part 1 of the Housing

 

(Scotland) Act 1987 is to be treated as provided by virtue of a relevant

 

provision only if it is provided by a local authority within the meaning of that

 

Act (or in pursuance of arrangements made under or for the purposes of that

 

Part with a local authority).

 

      (5)  

Accommodation provided to a person in Northern Ireland by a registered

 

housing association is to be treated as provided to the person by virtue of a

 

relevant provision.

 

      (6)  

Terms used in sub-paragraphs (2) and (3) have the same meanings as in Part 6

 

of the Housing Act 1996.

 

      (7)  

In sub-paragraph (5) “registered housing association” means a housing

 

association, within the meaning of Part 2 of the Housing (Northern Ireland)

 

Order 1992 (S.I. 1992/1725 (N.I. 15)), that is registered in the register of

 

housing associations maintained under Article 14 of that Order.’.

 

Secretary Theresa May

 

20

 

Schedule  3,  page  57,  line  22,  after ‘hostel’ insert ‘or refuge’.

 

Secretary Theresa May

 

21

 

Schedule  3,  page  57,  line  36,  at end insert—

 

      ‘()  

“Refuge” means a building which satisfies the second condition in sub-

 

paragraph (4) and is used wholly or mainly for providing accommodation to

 

persons who have been subject to any incident, or pattern of incidents, of—

 

(a)    

controlling, coercive or threatening behaviour,

 

(b)    

physical violence,

 

(c)    

abuse of any other description (whether physical or mental in nature),

 

or

 

(d)    

threats of any such violence or abuse.’.

 

Secretary Theresa May

 

22

 

Schedule  3,  page  59,  line  44,  at end insert—

 

      ‘()  

“Building” includes a part of a building.’.

 

Supplementary provision

 

Secretary Theresa May

 

NC11

 

To move the following Clause:—

 

‘(1)    

This section applies if the referral and investigation scheme is extended by an

 

order under section 4848 (an “extension order”).

 

(2)    

The Secretary of State may make administrative regulations in connection with

 

the application of the scheme—

 

(a)    

to proposed marriages or civil partnerships under the law of Scotland

 

(insofar as the scheme is extended to them), and


 
 

Notices of Amendments: 23 January 2014                  

1586

 

Immigration Bill, continued

 
 

(b)    

to proposed marriages or civil partnerships under the law of Northern

 

Ireland (insofar as the scheme is extended to them).

 

(3)    

For that purpose “administrative regulations” means regulations of any kind set

 

out in Schedule (Sham marriage and civil partnership: administrative

 

regulations) (sham marriage and civil partnership: administrative regulations).

 

(4)    

The Secretary of State may by order make provision about—

 

(a)    

the information that must or may be given, or

 

(b)    

the matters in respect of which evidence must or may be given,

 

    

in relation to proposed marriages or civil partnerships under the law of Scotland

 

or Northern Ireland in cases where one or both of the parties is not a relevant

 

national.

 

(5)    

An order under subsection (4) may amend, repeal or revoke any enactment

 

(including an enactment contained in this Act or in provision made by an

 

extension order or an order under subsection (4)).

 

(6)    

If an extension order makes provision (“information disclosure provision”)

 

having similar effect to the provision made by paragraph 2 of Schedule 55 about

 

the disclosure of information for immigration purposes, the Secretary of State

 

may by order specify other immigration purposes (in addition to those specified

 

in provision made by an extension order or in any provision made under this

 

subsection) for which information may be disclosed under the information

 

disclosure provision.

 

(7)    

The Secretary of State must consult—

 

(a)    

the Registrar General for Scotland before making administrative

 

regulations, or an order under subsection (4), in relation to proposed

 

marriages or civil partnerships under the law of Scotland;

 

(b)    

the Registrar General for Northern Ireland before making administrative

 

regulations, or an order under subsection (4), in relation to proposed

 

marriages or civil partnerships under the law of Northern Ireland.

 

(8)    

Expressions used in this section or Schedule (Sham marriage and civil

 

partnership: administrative regulations) that are also used in section 4848 have

 

the same meanings in this section or Schedule (Sham marriage and civil

 

partnership: administrative regulations) as in section 4848.’.

 

Secretary Theresa May

 

23

 

Clause  52,  page  42,  line  22,  leave out ‘(7)’ and insert ‘(9)’.

 

Secretary Theresa May

 

24

 

Clause  52,  page  42,  line  38,  leave out subsection (6) and insert—

 

‘( )    

For paragraph 1(1) substitute—

 

“1(1A)  

Part 3 of this Schedule applies if—

 

(a)    

two people wish to register in Scotland as civil partners of

 

each other, and

 

(b)    

one of them is subject to immigration control.

 

    (1B)  

Part 4 of this Schedule applies if—

 

(a)    

two people wish to register in Northern Ireland as civil

 

partners of each other, and

 

(b)    

one of them is subject to immigration control.”.’.


 
 

Notices of Amendments: 23 January 2014                  

1587

 

Immigration Bill, continued

 
 

Secretary Theresa May

 

25

 

Clause  52,  page  42,  line  41,  leave out first ‘paragraph’ and insert ‘Part’.

 

Secretary Theresa May

 

26

 

Clause  52,  page  42,  line  42,  at end insert—

 

‘(8)    

For paragraph 8 substitute—

 

“8         

This Part of this Schedule applies as mentioned in paragraph 1(1A).”.

 

(9)    

For paragraph 12 substitute—

 

“12      

This Part of this Schedule applies as mentioned in paragraph 1(1B).”.’.

 

Secretary Theresa May

 

27

 

Clause  64,  page  49,  line  34,  at end insert ‘or (Supplementary provision)(4)’.

 

Secretary Theresa May

 

NS1

 

To move the following Schedule:—

 

‘Sham marriage and civil partnership: administrative regulations

 

Introduction

 

1    (1)  

This Schedule sets out the kinds of regulations which may be made by the

 

Secretary of State under section (Supplementary provision)(2).

 

      (2)  

In this Schedule—

 

“extension order” has the meaning given in section (Supplementary

 

provision)(1);

 

“proposed Scottish or Northern Ireland marriage or civil partnership” means

 

a proposed marriage or civil partnership under the law of Scotland or

 

Northern Ireland.

 

Notices

 

2    (1)  

The Secretary of State may make regulations which make provision about the

 

giving of relevant notices.

 

      (2)  

Regulations under this paragraph may, in particular, provide that a relevant

 

notice given in accordance with the regulations is to be presumed to have been

 

received by the person to whom it is given.

 

      (3)  

In this paragraph “relevant notice” means—

 

(a)    

a notice, under any provision of the referral and investigation scheme,

 

which relates to a proposed Scottish or Northern Ireland marriage or

 

civil partnership, and

 

(b)    

any other notice relating to the referral of a proposed Scottish or

 

Northern Ireland marriage or civil partnership to the Secretary of State

 

for the purposes of the referral and investigation scheme,

 

            

(whether or not the notice falls to be given by virtue of provision made by an

 

extension order).


 
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