Immigration Bill (HC Bill 128)

(3) After subsection (4) insert—

“(5) In this section—

• “administrative review” means a review conducted under the
  immigration rules;

• 5the question of whether an administrative review is pending is
  to be determined in accordance with the immigration rules.”

British Nationality Act 1981 (c. 61)British Nationality Act 1981 (c. 61)

14 In section 40A of the British Nationality Act 1981 (deprivation of citizenship:
appeal), in subsection (3)—

(a) 10omit “, 83 or 83A”;

(b) omit paragraph (a).

Immigration and Asylum Act 1999 (c. 33)Immigration and Asylum Act 1999 (c. 33)

15 In the Immigration and Asylum Act 1999, section 23 (monitoring refusals of
entry clearance) is repealed.

15Nationality, Immigration and Asylum Act 2002 (c. 41)Nationality, Immigration and Asylum Act 2002 (c. 41)

16 The Nationality, Immigration and Asylum Act 2002 is amended as follows.

17 In section 72 (serious criminal), in subsection (9)(a)—

(a) omit “, 83, 83A or 101”;

(b) for the words from “that to remove him” to the end substitute
20“mentioned in section 84(1)(a) or (3)(a) of this Act (breach of the
United Kingdom’s obligations under the Refugee Convention),
and”.

18 In section 79 (deportation order: appeal), in subsection (1) for “against”
substitute “that may be brought or continued from within the United
25Kingdom relating to”.

19 For the heading to Part 5, substitute “Appeals in respect of Protection and
Human Rights Claims”.

20 In section 85 (matters to be considered)—

(a) in subsection (2), for “84(1)” substitute “84”;

(b) 30in subsection (4)—

(i) omit “, 83(2) or 83A(2)”;

(ii) omit “evidence about”;

(iii) omit “evidence which concerns”.

21 Section 85A (matters to be considered: new evidence: exceptions) is
35repealed.

22 In section 86 (determination of appeal)—

(a) in subsection (1), omit “, 83 or 83A”;

(b) in subsection (2), omit “(whether or not by virtue of section 85(1))”;

(c) omit subsections (3) to (6).

23 40Sections 87 to 91 are repealed.

24 (1) Section 94 (appeal from within the United Kingdom) is amended as follows.

(2) In the heading, for “asylum” substitute “protection”.

(3) For subsections (1) to (2) substitute—

“(1) The Secretary of State may certify a protection claim or human rights
claim as clearly unfounded.”

(4) 5In subsection (3)—

(a) for “an asylum claimant or human rights” substitute “a”;

(b) for “subsection (2)” substitute “subsection (1)”.

(5) In subsection (6A) for “an asylum claimant or human rights” substitute “a”.

(6) In subsection (7), for the words from the beginning to “certifies that”
10substitute “The Secretary of State may certify a protection claim or human
rights claim made by a person if”.

(7) In subsection (8)(b), at the end insert “or with the United Kingdom’s
obligations in relation to persons eligible for a grant of humanitarian
protection”.

(8) 15Omit subsection (9).

25 In section 94A (European Common List of Safe Countries of Origin)—

(a) in subsection (2), for “an asylum claim” substitute “a protection
claim”;

(b) in subsection (4) for “94(2)” substitute “94(1)”.

26 20Section 95 (appeal from outside the United Kingdom: removal) is repealed.

27 (1) Section 96 (earlier right of appeal) is amended as follows.

(2) In subsection (1)—

(a) in the opening words, for the words from the beginning to “brought”
substitute “A person may not bring an appeal under section 82
25against a decision (“the new decision”)”;

(b) in paragraph (a), omit “immigration”;

(c) in paragraph (b) for “matter” substitute “ground”;

(d) in paragraph (c) for “matter” substitute “ground”.

(3) For subsection (2) substitute—

“(2) 30A person may not bring an appeal under section 82 if the Secretary
of State or an immigration officer certifies—

(a) that the person has received a notice under section 120(2),

(b) that the appeal relies on a ground that should have been, but
has not been, raised in a statement made under section 120(2)
35or (5), and

(c) that, in the opinion of the Secretary of State or the
immigration officer, there is no satisfactory reason for that
ground not having been raised in a statement under section
120(2) or (5).”

28 40In section 97 (national security etc)—

(a) in subsection (1), omit “, 83(2) or 83A(2)”;

(b) in subsection (3), omit “, 83(2) or 83A(2)”.

29 In section 97A (national security: deportation)—

(a) in subsection (2B), for the words from “breach” to the end substitute
“be unlawful under section 6 of the Human Rights Act 1998 (public
authority not to act contrary to Human Rights Convention)”;

(b) omit subsections (2D), (2E) and (3).

30 5Section 97B (variation of leave on grounds of public good: rights of appeal)
is repealed.

31 Section 98 (other grounds of public good) is repealed.

32 In section 99—

(a) in the heading, for “Sections 97 and 98” substitute “Section 97”;

(b) 10in subsection (1), omit “or 98”.

33 (1) Section 104 (pending appeal) is amended as follows.

(2) Omit subsection (4).

(3) In subsection (4A), for “subsections (4B) and (4C)” substitute “subsection
(4B)”.

(4) 15In subsection (4B)—

(a) for “the ground relating to the Refugee Convention specified in
section 84(1)(g)” substitute “a ground specified in section 84(1)(a) or
(b) or 84(3) (asylum or humanitarian protection)”;

(b) omit paragraph (a) (and the “and” immediately following it).

(5) 20Omit subsections (4C) and (5).

34 (1) Section 105 (notice of immigration decision) is amended as follows.

(2) In subsection (1), for “immigration” substitute “appealable”.

(3) In subsection (2)—

(a) in the opening words, for “a decision against which the person is
25entitled to appeal under section 82(1)” substitute “an appealable
decision”;

(b) in paragraph (a) for “that section” substitute “section 82”.

(4) At the end insert—

“(4) In this section “appealable decision” means a decision mentioned in
30section 82(1).”

35 In section 106 (rules)—

(a) in subsection (3), omit “, 83 or 83A”;

(b) in subsection (4), omit “, 83 or 83A”.

36 In section 107 (practice directions), in subsection (3), omit “, 83 or 83A”.

37 35In section 108 (forged documents: proceedings in private), in subsection
(1)(a), omit “, 83 or 83A”.

38 In section 112 (regulations etc)—

(a) omit subsection (3A);

(b) in subsection (4), omit “or 115(8)”;

(c) 40in subsection (5), omit “or 115(9)”.

39 (1) Section 113 (interpretation) is amended as follows.

(2) In subsection (1)—

(a) at the appropriate places insert—

• ““humanitarian protection” has the meaning given in
  section 82(2);”

• 5““protection claim” has the meaning given in section
  82(2)”;

• ““protection status” has the meaning given in section
  82(2)”;

(b) omit the definitions of “entry clearance”, “illegal entrant”,
10“prescribed”, “visitor” and “work permit”;

(c) in the definition of “immigration rules”, for “that Act” substitute “the
Immigration Act 1971”.

(3) Omit subsection (2).

40 Section 115 (appeal from within United Kingdom: unfounded human rights
15or asylum claim: transitional provision) is repealed.

41 For section 120 (requirement to state additional grounds for application)
substitute—

“120 Requirement to state additional grounds for application etc

(1) Subsection (2) applies to a person (“P”) if—

(a) 20P has made a protection claim or a human rights claim,

(b) P has made an application to enter or remain in the United
Kingdom, or

(c) a decision to deport or remove P has been or may be taken.

(2) The Secretary of State or an immigration officer may serve a notice
25on P requiring P to provide a statement setting out—

(a) P’s reasons for wishing to enter or remain in the United
Kingdom,

(b) any grounds on which P should be permitted to enter or
remain in the United Kingdom, and

(c) 30any grounds on which P should not be removed from or
required to leave the United Kingdom.

(3) A statement under subsection (2) need not repeat reasons or grounds
set out in—

(a) P’s protection or human rights claim,

(b) 35the application mentioned in subsection (1)(b), or

(c) an application to which the decision mentioned in subsection
(1)(c) relates.

(4) Subsection (5) applies to a person (“P”) if P has previously been
served with a notice under subsection (2) and—

(a) 40P requires leave to enter or remain in the United Kingdom
but does not have it, or

(b) P has leave to enter or remain in the United Kingdom only by
virtue of section 3C or 3D of the Immigration Act 1971
(continuation of leave pending decision or appeal).

(5) 45Where P’s circumstances have changed since the Secretary of State or
an immigration officer was last made aware of them (whether in the

application or claim mentioned in subsection (1) or in a statement
under subsection (2) or this subsection) so that P has—

(a) additional reasons for wishing to enter or remain in the
United Kingdom,

(b) 5additional grounds on which P should be permitted to enter
or remain in the United Kingdom, or

(c) additional grounds on which P should not be removed from
or required to leave the United Kingdom,

P must, as soon as reasonably practicable, provide a supplementary
10statement to the Secretary of State or an immigration officer setting
out the new circumstances and the additional reasons or grounds.

(6) In this section—

• “human rights claim” and “protection claim” have the same
  meanings as in Part 5;

• 15references to “grounds” are to grounds on which an appeal
  under Part 5 may be brought (see section 84).”

Immigration, Asylum and Nationality Act 2006 (c. 13)Immigration, Asylum and Nationality Act 2006 (c. 13)

42 (1) The Immigration, Asylum and Nationality Act 2006 is amended as follows.

(2) Section 13 (appeal from within the United Kingdom: certification of
20unfounded claim) is repealed.

(3) In section 55 (Refugee Convention: certification), in subsection (2)(a)—

(a) in sub-paragraph (i), omit “, 83 or 101”;

(b) for sub-paragraph (ii) substitute—

“(ii) which is brought on the ground mentioned in
25section 84(1)(a) or (3)(a) of that Act (breach of
United Kingdom’s obligations under the
Refugee Convention);”.

(4) In Schedule 1 (consequential amendments) paragraph 11 (amendment to
section 112(5) of the 2002 Act) is repealed.

30Equality Act 2010 (c. 15)Equality Act 2010 (c. 15)

43 In section 115 of the Equality Act 2010 (immigration cases), in subsection (8)
after “2D” insert “and 2E”.

Special Immigration Appeals Commission Act 1997 (c. 68)Special Immigration Appeals Commission Act 1997 (c. 68)

44 (1) The Special Immigration Appeals Commission Act 1997 is amended as
35follows.

(2) In section 2 (jurisdiction: appeals)—

(a) in subsection (1)(a), omit “, 83(2) or 83A(2)”;

(b) in subsection (1)(b), omit “, 83(2) or 83A(2)”;

(c) in subsection (2), omit paragraphs (d), (h) and (l);

(d) 40omit subsections (3) and (4);

(e) in subsection (5), omit “against an immigration decision”;

(f) omit subsection (6).

(3) In section 6A (procedure in relation to review jurisdiction)—

(a) in the heading, for “and 2D” substitute “to 2E”;

(b) in subsection (1), for “or 2D” substitute “, 2D or 2E”;

(c) in subsection (2)—

(i) in paragraph (a), for “or 2D” substitute “, 2D or 2E”;

(ii) 5in paragraph (b), for “or (as the case may be) 2D(2)” substitute
“, 2D(2) or (as the case may be) 2E(2)”.

(4) In section 7 (appeals from the Commission), in subsection (1A), for “or 2D”
substitute “, 2D or 2E”.

Consequential repeals

45 10The provisions shown in the table below are repealed in consequence of the
amendments made by sections 11 to 13 and this Part of this Schedule.

Part 5 Provision relating to employment

35Immigration, Asylum and Nationality Act 2006 (c. 13)Immigration, Asylum and Nationality Act 2006 (c. 13)

46 In section 15 of the Immigration, Asylum and Nationality Act 2006 (penalty),
in subsection (6)(e), after “penalty” insert “or make an appeal against it”.

Part 6 Provision relating to driving licences

40Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)S.I. 1981/154 (N.I. 1))

47 In Article 5 of the Road Traffic (Northern Ireland) Order 1981 (tests of
competence to drive)—

(a) in paragraph (1), omit “meets the relevant residence requirement
and”;

(b) omit paragraph (1A);

(c) in paragraph (4)(aa) for “normally resident in Northern Ireland or
the United Kingdom” insert “normally and lawfully resident in
Northern Ireland or the United Kingdom (within the meaning of
5Article 13A)”.

Road Traffic Act 1988 (c. 52)Road Traffic Act 1988 (c. 52)

48 In section 89 of the Road Traffic Act 1988 (tests of competence to drive)—

(a) in subsection (1), omit “meets the relevant residence requirement
and”;

(b) 10omit subsection (1A);

(c) in subsection (4)(aa) for “normally resident in Great Britain or the
United Kingdom” substituted “normally and lawfully resident in
Great Britain or the United Kingdom (within the meaning of section
97A)”.

15Road Safety Act 2006 (c. 49)Road Safety Act 2006 (c. 49)

49 In Schedule 3 to the Road Safety Act 2006 (endorsement: all drivers), in
paragraph 9—

(a) after sub-paragraph (3) insert—

“(3A) In subsection (3ZA), omit “and its counterpart”.”;

(b) 20in sub-paragraph (6A)(b), at the end insert “in both places”.

Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)S.I. 2007/916 (N.I. 10))

50 In Schedule 5 to the Road Traffic (Northern Ireland) Order 2007
(endorsement: all drivers: consequential amendments), in paragraph 6, after
sub-paragraph (a) insert—

“(aa) 25in paragraph (5ZA), omit “and its counterpart”.”

Part 7 Provision relating to marriage and civil partnership

Transitional provision

51 The provisions of sections 43 to 46, and the amendments made by Schedule
304, apply only to proposed marriages and civil partnerships in respect of
which notice under section 27 of the Marriage Act 1949 or under section 8 of
the Civil Partnership Act 2004 is given after the day on which the provisions
and amendments come into force.

Part 8 35Provision relating to immigration advisers and immigration service providers

Transitional provision

52 (1) On the day on which paragraph 2 of Schedule 6 comes into force the
Immigration Services Commissioner must register in the register
maintained under section 85(1) of the Immigration and Asylum Act 1999

each person who, immediately before that day, was an exempt person
(within the meaning given by section 84(4)(a) of that Act).

(2) The registration of a person by reason of sub-paragraph (1) may be made so
as to have effect only in relation to a specified field of advice or services.

53 (1) 5In the provisions listed in sub-paragraph (2)—

(a) references to a person who, at the time to which a charge or (as the
case may be) a complaint relates, was a registered person do not
include a person who ceased to be a registered person before the day
on which paragraph 7 of Schedule 6 comes into force;

(b) 10references to a person who, at the time to which a charge or (as the
case may be) a complaint relates, was acting on behalf of a registered
person do not include—

(i) a person who ceased to act on behalf of a registered person
before that day;

(ii) 15a person who was acting on behalf of a person who ceased to
be a registered person before that day.

(2) The provisions are—

(a) section 89(2) to (2B) of the Immigration and Asylum Act 1999;

(b) paragraph 5(3)(za), (aa) and (d) of Schedule 5 to that Act;

(c) 20paragraph 9(1)(a), (1A) and (4)(a) of Schedule 5 to that Act.

54 (1) The provisions listed in paragraph 53(2) (apart from paragraph 5(3)(d) of
Schedule 5 to the Immigration and Asylum Act 1999) apply in relation to a
person who—

(a) was an exempt person immediately before the day on which
25paragraph 2 of Schedule 6 comes into force, and

(b) became a registered person on that day by virtue of paragraph 52(1),

as if, while the person was an exempt person, the person had been a
registered person.

(2) In paragraph 10A(2)(a) of Schedule 5 to the Immigration and Asylum Act
301999, the reference to premises which have been used in connection with the
provision of immigration advice or immigration services by a registered
person includes premises which have been so used by an exempt person.

(3) In this paragraph “exempt person” has the meaning given by section 84(4)(a)
of the Immigration and Asylum Act 1999.

35Part 9 Provision relating to embarkation checks

Transitional provision

55 (1) Any order or direction under paragraph 5 of Schedule 2 to the Immigration
Act 1971 that has effect immediately before commencement has, after
40commencement, the same effect in relation to the production of embarkation
cards to designated persons as it has in relation to the production of such
cards to immigration officers.

(2) This paragraph is subject to the exercise, after commencement, of the powers
under paragraph 5 of Schedule 2 to the Immigration Act 1971.

(3) In this paragraph “commencement” means the day when the amendments
made by Part 1 of Schedule 7 come into force.

Part 10 Provision relating to fees

5Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)

56 (1) Section 42 of the Asylum and Immigration (Treatment of Claimants, etc.) Act
2004 (amount of fees) is amended as follows.

(2) Omit subsections (1) to (2A).

(3) For subsection (3A) substitute—

“(3A) 10The amount of a fee under section 1 of the Consular Fees Act 1980 in
respect of a matter specified in subsection (3B) may be set so as to
reflect costs referable to the exercise of any function in respect of
which the Secretary of State has made an order under section 60 of
the Immigration Act 2014.

(3B) 15The matters are—

(a) the determination of applications for entry clearances (within
the meaning given by section 33(1) of the Immigration Act
1971),

(b) the determination of applications for transit visas under
20section 41 of the Immigration and Asylum Act 1999, or

(c) the determination of applications for certificates of
entitlement to the right of abode in the United Kingdom
under section 10 of the Nationality, Immigration and Asylum
Act 2002.”

(4) 25In subsection (4) omit “(1)(b) or”.

(5) In subsection (7) omit from “(and any provision” to the end.

Immigration, Asylum and Nationality Act 2006 (c. 13)Immigration, Asylum and Nationality Act 2006 (c. 13)

57 Sections 51 and 52 of the Immigration, Asylum and Nationality Act 2006
(fees) are repealed.

30UK Borders Act 2007 (c. 30)UK Borders Act 2007 (c. 30)

58 For section 15(2)(b) of the UK Borders Act 2007 (application of certain
provisions to applications for biometric immigration documents)
substitute—

“(b) section 60 of the Immigration Act 2014 (fees);”.

35Consequential repeals

59 The following provisions are repealed in consequence of the amendments
made by this Part of this Schedule—

(a) paragraph 6 of Schedule 2 to the Immigration, Asylum and
Nationality Act 2006;

(b) 40section 20 of the UK Borders Act 2007.

Orders under section 102 of the Finance (No. 2) Act 1987

60 An order made under section 102 of the Finance (No. 2) Act 1987
(government fees and charges) in respect of a power repealed by this Part of
this Schedule shall have effect as if it related to the powers under section 60
5so far as they relate to the same matters as the repealed power.