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| | Safeguarding public health for migrants in the UK without status |
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| To move the following Clause:— |
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| | ‘When calculating charges to be made under section 175 of the National Health |
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| | Service Act 2006 (charges in respect of non-residents), the Secretary of State |
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| | must have regard to the need to safeguard public health with particular reference |
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| | to the prevention of infectious diseases, maternal death and infant mortality for |
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| | those persons who remain in the UK or are waiting for a decision on their leave |
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| To move the following Clause:— |
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| | ‘After section 3(9) of the Immigration Act 1971 insert— |
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| | “(10) | In making rules under subsection (2), the Secretary of State must have |
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| | (11) | Rules must provide for persons seeking asylum, within the meaning of |
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| | the rules, to apply to the Secretary of State for permission to take up |
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| | employment and that permission must be granted if— |
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| | (a) | a decision has not been taken on the applicant’s asylum |
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| | application within six months of the date on which it was |
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| | (b) | an individual makes further submissions which raise asylum |
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| | grounds and a decision to refuse to treat such further submissions |
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| | as a fresh claim or on that fresh claim has not been taken within |
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| | six months of the date on which they were recorded. |
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| | (12) | Permission for a person seeking asylum to take up employment shall be |
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| | on terms no less favourable than those upon which permission is granted |
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| | to a person recognised as a refugee to take up employment.”.’. |
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| | Exception to charging for accident and emergency services |
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| To move the following Clause:— |
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| | ‘No charge may be made or recovered in respect of any accident and emergency |
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| | services provided to overseas visitors, whether provided at a hospital accident and |
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| | emergency department, a minor injuries unit, a walk-in centre or elsewhere but |
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| | not including any services provided— |
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| | (a) | after the overseas visitor has been accepted as an in-patient; or |
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| | (b) | at an outpatient appointment.’. |
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| | Permission to work (No. 2) |
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| To move the following Clause:— |
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| | ‘(1) | After section 3(9) of the Immigration Act 1971 insert the following— |
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| | “(10) | In making rules, under subsection (2), the Secretary of State must have |
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| | (11) | In the case of any asylum applicant applying to the Secretary of State for |
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| | permission to take up employment— |
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| | (a) | if a decision at first instance has not been taken on the applicant’s |
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| | asylum application, within six months of the date on which it was |
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| | (b) | if an individual makes further submission which raise asylum |
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| | grounds that individual may apply to the Secretary of State for |
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| | permission to take up employment if a decision has not been |
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| | taken on the further submission within six months of the date on |
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| | which they were recorded, |
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| | | the Secretary of State shall only consider such an application if, in the |
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| | Secretary of State’s opinion, any delay in reaching a decision cannot be |
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| | attributed to the individual.”.’. |
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| | Immigration permission: prescribed pathogens |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State may by order provide that persons who apply for |
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| | immigration permission must demonstrate that they are not carriers of any of the |
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| | prescribed pathogens listed in subsection (2). |
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| | (2) | The prescribed pathogens are— |
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| | (b) | HIV (Human Immunodeficiency Virus); |
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| | (c) | such other pathogens as the Secretary of State may prescribe by order |
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| | Resident permits for victims of domestic violence |
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| To move the following Clause:— |
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| | ‘A person (P) shall be entitled to a residence permit for one year for rest and |
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| | (1) | P is married, in a civil partnership, or in a durable relationship with |
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| | someone who is lawfully in the UK; and |
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| | (2) | P is in the UK as a dependant of that other person; and |
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| | (3) | The relationship breaks down as a result of domestic violence. |
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| | The residence permit shall be available to P and any dependants already in the UK |
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| | with entitlement to work and access public funds.’. |
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| Clause 1, page 2, line 34, at end add— |
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| | ‘(7) | The Secretary of State shall by order— |
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| | (a) | ensure that children are not detained for immigration purposes, except in |
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| | the following circumstances— |
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| | (i) | where the Home Secretary reasonably believes they are a threat |
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| | (ii) | in port or border cases where departure is the following day and |
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| | no application for a visa or asylum has been made; or |
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| | (iii) | to provide pre-departure accommodation under subsection |
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| | (b) | ensure that if a child requires accommodation prior to departure it is— |
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| | (i) | dedicated pre-departure accommodation which is subject to |
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| | (ii) | for a maximum period of 72 hours; |
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| | (iii) | following a recommendation made by the Independent Family |
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| | (8) | Where subsection (7)(a)(ii) and (iii) applies, the officer responsible must ensure |
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| | that children are only separated from their parents and carers for the purposes of |
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| Page 2, line 38, leave out Clause 3. |
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| Clause 3, page 2, line 41, at end insert— |
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| | ‘(1A) | In paragraph 16 (detention of persons liable to examination or removal) after |
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| | “(5) | A person detained under this paragraph must be released on bail in |
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| | accordance with paragraph 22 after no later than the twenty-eighth day |
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| | following that on which the person was detained.”.’. |
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| Clause 3, page 3, line 10, leave out subsection (3) and insert— |
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| | ‘(3) | In paragraph 22 (bail) at end insert— |
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| | “(4) | The following provisions apply if a person is detained under any |
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| | (a) | The Secretary of State must arrange a reference to the First-tier |
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| | Tribunal for it to determine whether the detained person should |
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| | (b) | The Secretary of State must secure that a first reference to the |
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| | First-tier Tribunal is made no later than the eighth day following |
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| | that on which the detained person was detained; |
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| | (c) | If the detained person remains in detention, the Secretary of State |
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| | must secure that a second reference to the First-tier Tribunal or |
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| | Commission is made no later than the thirty-sixth day following |
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| | that on which the detained person was detained; |
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| | (d) | The First-tier Tribunal hearing a case referred to it under this |
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| | section must proceed as if the detained person had made an |
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| | application to it for bail; and |
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| | (e) | The First-tier Tribunal must determine the matter— |
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| | (i) | on a first reference, before the tenth day following that |
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| | on which the person concerned was detained; and |
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| | (ii) | on a second reference, before the thirty-eighth day |
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| | following that on which he was detained. |
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| | (5) | For the purposes of this paragraph, “First-tier Tribunal” means— |
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| | (a) | if the detained person has brought an appeal under the |
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| | Immigration Acts, the chamber of the First-tier Tribunal dealing |
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| | (b) | in any other case, such chamber of the First-tier Tribunal as the |
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| | Secretary of State considers appropriate. |
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| | (6) | In case of a detained person to whom section 3(2) of the Special |
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| | Immigration Appeals Commission Act 1997 applies (jurisdiction in |
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| | relation to bail for persons detained on grounds of national security) a |
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| | reference under sub-paragraph (3)(a) above, shall be to the Commission |
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| | and not to the First-tier Tribunal. |
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| | (7) | Rules made by the Lord Chancellor under section 5 of the Special |
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| | Immigration Appeals Commission Act 1997 may include provision made |
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| | for the purposes of this paragraph.”.’. |
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| Page 4, line 23, leave out Clause 5. |
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| Page 8, line 19, leave out Clause 11. |
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| Clause 12, page 10, line 10, leave out from ‘appeal)’ to end of line 17 and insert ‘, |
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| the appeal must be brought from outside the United Kingdom if— |
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| | (a) | the claim to which the appeal relates has been certified under section |
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| | 94(1) or (7) (claim clearly unfounded or removal to safe third country), or |
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| | (b) | paragraph 5(3)(a), 10(3), 15(3) or 19(b) of Schedule 3 to the Asylum and |
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| | Immigration (Treatment of Claimants, etc) Act 2004 (removal of asylum |
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| | seeker to safe third country) applies. |
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| | | Otherwise, the appeal must be brought from within the United Kingdom.’. |
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| Clause 12, page 10, leave out lines 18 to 33. |
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| Clause 12, page 10, line 19, leave out from ‘appeal)’ to end of line 33 and insert |
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| ‘where the claim to which the appeal relates was made while the appellant was in the |
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| United Kingdom, the appeal must be brought from outside the United Kingdom if— |
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| | (a) | the claim to which the appeal relates has been certified under section |
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| | 94(1) or (7) (claim clearly unfounded or removal to safe third country) or |
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| | section 94B (certification of human rights claims made by persons liable |
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| | (b) | paragraph 5(3)(b) or (4), 10(4), 15(4) or 19(c) of Schedule 3 to the |
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| | Asylum and Immigration (Treatment of Claimants, etc) Act 2004 |
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| | (removal of asylum seeker to safe third country) applies. |
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| | | Otherwise, the appeal must be brought from within the United Kingdom. |
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| | ( ) | In the case of an appeal under section 82(1)(b) (human rights claim appeal) where |
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| | the claim to which the appeal relates was made while the appellant was outside |
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| | the United Kingdom, the appeal must be brought from outside the United |
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| Page 11, line 32, leave out Clause 13. |
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| Clause 14, page 12, line 22, at end insert— |
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| | ‘(za) | first, to the best interests of any child affected by a decision as specified |
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| Clause 14, page 13, line 11, leave out ‘qualifying’. |
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| Clause 14, page 13, line 12, leave out ‘reasonable to expect’ and insert ‘in the best |
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