Session 2015-16
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Consideration of Bill (Report Stage): 1 December 2015      

15

 

Immigration Bill, continued

 
 

(6)    

The Secretary of State may not give a direction to a local authority before the end

 

of the period of 14 days beginning with the day on which notice under subsection

 

(5) was given to it.

 

(7)    

The local authority may make written representations to the Secretary of State

 

about the proposed direction within that period.

 

(8)    

The Secretary of State may modify or withdraw a direction under subsection (3)

 

by notice in writing to the local authorities to which it was given.

 

(9)    

A modification or withdrawal of a direction does not affect any arrangements

 

made under section (Transfer of responsibility for relevant children) pursuant to

 

the direction before it was modified or withdrawn.

 

(10)    

Subsections (5) to (7) apply to the modification or withdrawal of a direction as

 

they apply to the giving of a direction, but as if—

 

(a)    

the reference to the proposed direction were to the proposed modification

 

or proposal to withdraw the direction, and

 

(b)    

subsection (6) permitted the Secretary of State to withdraw the direction

 

before the end of the 14 day period with the agreement of the local

 

authorities to which it applies.

 

(11)    

In this section “local authority” and “relevant child” have the same meanings as

 

in section (Transfer of responsibility for relevant children).”

 

Member’s explanatory statement

 

This new clause creates a mechanism for the Secretary of State to require local authorities in

 

England to co-operate in the transfer of particular categories of unaccompanied migrant children

 

from one local authority to another.

 


 

Secretary Theresa May

 

NC7

 

To move the following Clause—

 

         

“Extension to Wales, Scotland and Northern Ireland

 

(1)    

The Secretary of State may by regulations make such provision as the Secretary

 

of State considers appropriate for enabling any of the provisions of sections

 

(Transfer of responsibility for relevant children) to (Scheme for transfer of

 

responsibility for relevant children) to apply in relation to Wales, Scotland or

 

Northern Ireland.

 

(2)    

The Secretary of State may by regulations make provision which—

 

(a)    

has a similar effect to any of the provisions mentioned in subsection (1),

 

and

 

(b)    

applies in relation to Wales, Scotland or Northern Ireland.

 

(3)    

Regulations under subsection (1) or (2) may—

 

(a)    

amend, repeal or revoke any enactment (including an enactment

 

contained in this Act);

 

(b)    

confer functions on any person (including a power to make regulations).

 

(4)    

Regulations under subsection (1) or (2) may not confer functions on—

 

(a)    

the Welsh Ministers,

 

(b)    

the Scottish Ministers,

 

(c)    

the First Minister and deputy First Minister in Northern Ireland,

 

(d)    

a Northern Ireland Minister, or

 

(e)    

a Northern Ireland department.


 
 

Consideration of Bill (Report Stage): 1 December 2015      

16

 

Immigration Bill, continued

 
 

(5)    

In this section “enactment” includes—

 

(a)    

an enactment contained in subordinate legislation within the meaning of

 

the Interpretation Act 1978;

 

(b)    

an enactment contained in, or in an instrument made under, an Act or

 

Measure of the National Assembly for Wales;

 

(c)    

an enactment contained in, or in an instrument made under, an Act of the

 

Scottish Parliament;

 

(d)    

an enactment contained in, or in an instrument made under, Northern

 

Ireland legislation.”

 

Member’s explanatory statement

 

This new clause enables the Secretary of State to make regulations to extend any of the provisions

 

made by NC3 to NC6 to Wales, Scotland and Northern Ireland. By virtue of amendment 5, such

 

regulations will be subject to the draft affirmative procedure.

 


 

Yvette Cooper

 

Tim Farron

 

Stuart C. McDonald

 

Caroline Lucas

 

Mr Alistair Carmichael

 

Shabana Mahmood

 

Tom Brake

 

Mr George Howarth

 

Ms Karen Buck

 

Greg Mulholland

 

NC1

 

To move the following Clause—

 

         

“Extended criteria for refugees joining refugee sponsors

 

(1)    

Rules made by the Secretary of State under section 3 of the Immigration Act

 

1971, shall make provision for persons outside the United Kingdom to apply for

 

family reunion with persons recognised as refugees in the United Kingdom, or

 

granted humanitarian protection in the United Kingdom on or after 30 August

 

2005, who are their children, grandchildren, parents, grandparents, spouses, civil

 

or unmarried partners or siblings.

 

(2)    

Rules made under subsection (1) may—

 

(a)    

make provision for dependants of the persons therein mentioned;

 

(b)    

make provision for a person who the Secretary of State is satisfied was

 

a dependant of the refugee or person granted humanitarian protection or

 

a member of their household at the time the refugee or person granted

 

humanitarian protection left the country of his habitual residence;

 

(c)    

restrict provision for siblings applying to join family in the UK to those

 

who have not formed their own independent family unit outside of the

 

UK.

 

(3)    

Family members seeking leave to enter or remain in the United Kingdom must—

 

(a)    

be applicants who would not be excluded from protection by virtue of

 

article 1F of the United Nations Convention and Protocol relating to the

 

Status of Refugees if he were to seek asylum in his own right;

 

(b)    

be applicants who would not be excluded from humanitarian protection

 

for any reason in the immigration rules in the United Kingdom.

 

Member’s explanatory statement

 

This amendment would allow those separated from their family, and who have refugee or


 
 

Consideration of Bill (Report Stage): 1 December 2015      

17

 

Immigration Bill, continued

 
 

humanitarian protection status in the UK, to sponsor family members beyond spouses or under-18

 

children to join them. It would also remedy an anomaly that prevents children with refugee status

 

in the UK from sponsoring their parents to join them.

 


 

Andy Burnham

 

Keir Starmer

 

Yvette Cooper

 

Paul Blomfield

 

Sarah Champion

 

Kate Hollern

 

Mrs Emma Lewell-Buck

 

Sue Hayman

 

Caroline Lucas

 

NC11

 

To move the following Clause—

 

         

“Review of rules relating to refugee family reunion

 

(1)    

The Secretary of State must undertake a review of the current rules on refugees

 

or those granted humanitarian protection reuniting with close family members in

 

the UK.

 

(2)    

The review under subsection (1) must consider—

 

(a)    

the failure to implement Dublin Convention III, which allows for spouses

 

or children under 18 with refugee status or those granted humanitarian

 

protection to be reunited with family members in the UK;

 

(b)    

options for allowing British citizens to sponsor close family members

 

recognised as refugees or granted humanitarian protection; and

 

(c)    

options for extending the criteria for family reunion to include children,

 

grandchildren, parents, grandparents, spouses, civil or unmarried

 

partners or siblings who have refugee status or have been granted

 

humanitarian protection and have close family members in the UK.

 

(3)    

This review under subsection (1) must be completed and a copy must be laid

 

before Parliament within six months of this Act receiving Royal Assent.”

 

 


 

Andy Burnham

 

Keir Starmer

 

Paul Blomfield

 

Sarah Champion

 

Kate Hollern

 

Mrs Emma Lewell-Buck

 

Sue Hayman

 

Angus Robertson

 

Stuart C. McDonald

 

Anne McLaughlin

 

Gavin Newlands

 

29

 

Page  40,  line  14,   leave out Clause 37

 



 
 

Consideration of Bill (Report Stage): 1 December 2015      

18

 

Immigration Bill, continued

 
 

Secretary Theresa May

 

5

 

Clause  57,  page  49,  line  24,  at end insert—

 

“( )    

regulations under section (Extension to Wales, Scotland and Northern

 

Ireland)(1) or (2),”

 

Member’s explanatory statement

 

This amendment provides that regulations made under the new clause inserted by NC7 will be

 

subject to the draft affirmative procedure.

 


 

Secretary Theresa May

 

6

 

Clause  59,  page  50,  line  17,  at end insert—

 

“( )    

“Sections (Transfer of responsibility for relevant children) to (Scheme for

 

transfer of responsibility for relevant children) extend to England and Wales

 

only.”

 

Member’s explanatory statement

 

This amendment provides that the new clauses inserted by NC3 to NC6 extend to England and

 

Wales only. Regulations made under the new clause inserted by NC7 may be used to apply the

 

provisions in Wales.

 


 

Andy Burnham

 

Keir Starmer

 

Paul Blomfield

 

Sarah Champion

 

Kate Hollern

 

Mrs Emma Lewell-Buck

 

Sue Hayman

 

Angus Robertson

 

Stuart C. McDonald

 

Anne McLaughlin

 

Gavin Newlands

 

31

 

Schedule  8,  page  109,  line  29,   leave out from “(6)” to end of line 30 and insert—

 

    

“, for “section 4 or 95” substitute “section 95”;

 

(iii)    

in subsection (7) for “section 4 or 95” substitute “section 95 or

 

95A”.”

 

Member’s explanatory statement

 

See explanatory statement for amendment 30.

 

Angus Robertson

 

Stuart C. McDonald

 

Anne McLaughlin

 

Gavin Newlands

 

40

 

Schedule  8,  page  112,  line  37,  leave out sub-paragraph (5)

 

Member’s explanatory statement

 

Ensures that families with children under 18 receive section 95 support until they leave the

 

country.


 
 

Consideration of Bill (Report Stage): 1 December 2015      

19

 

Immigration Bill, continued

 
 

Andy Burnham

 

Keir Starmer

 

Paul Blomfield

 

Sarah Champion

 

Kate Hollern

 

Mrs Emma Lewell-Buck

 

Sue Hayman

 

Angus Robertson

 

Stuart C. McDonald

 

Anne McLaughlin

 

Gavin Newlands

 

30

 

Schedule  8,  page  113,  line  13,   at end insert—

 

“(2A)    

If the Secretary of State decides not to provide support to a person or not to

 

continue to provide support to them, under this section , the person may appeal to

 

the First Tier Tribunal.”

 

Member’s explanatory statement

 

To reinstate a right of appeal against Home Office decisions to provide support (under Section 95

 

or new 95A).

 

Mr Alistair Carmichael

 

2

 

Schedule  8,  page  119,  line  21,  at end insert—

 

“(43A)    

The Immigration Act 1971 is amended as follows.

 

(43B)    

After section 3(9) (general provisions for regulation and control) insert—

 

“(10)    

In making rules under subsection (2), the Secretary of State must have

 

regard to the following.

 

(11)    

Rules must provide for persons seeking asylum, within the meaning of

 

the rules, to apply to the Secretary of State for permission to take up

 

employment (including self-employment and voluntary work) and that

 

permission must be granted if—

 

(a)    

a decision has not been taken on the applicant’s asylum

 

application within six months of the date on which it was

 

recorded, or

 

(b)    

an individual makes further submissions which raise asylum

 

grounds and a decision on that fresh claim or to refuse to treat

 

such further submissions as a fresh claim has not been taken

 

within six months of the date on which they were recorded.

 

(12)    

Permission for a person seeking asylum to take up employment shall be

 

on terms no less favourable than those upon which permission is granted

 

to a person recognised as a refugee to take up employment.””

 


 

Angus Robertson

 

Stuart C. McDonald

 

Anne McLaughlin

 

Gavin Newlands

 

42

 

Schedule  9,  page  121,  line  26,  leave out paragraph 2

 

Member’s explanatory statement

 

Removes those provisions added by Schedule 9 that would prevent local authorities providing

 

leaving care support under the Children Act 1989 to young people who are not asylum seekers and

 

do not have leave to remain when they reach the age of 18 years.


 
 

Consideration of Bill (Report Stage): 1 December 2015      

20

 

Immigration Bill, continued

 
 

Secretary Theresa May

 

7

 

Schedule  9,  page  121,  line  40,  at end insert—

 

“          

After paragraph 1 insert—

 

“1A(1)  

A person to whom this paragraph applies is not eligible for

 

assistance under section 23C(4)(b), 23CA(4) or 24B(2)(b) of the

 

Children Act 1989 (grants to meet expenses connected with

 

education or training) which consists of a grant to enable the person

 

to meet all or part of the person’s tuition fees.

 

      (2)  

The duty in section 23C(4)(b) or 23CA(4) of that Act and the power

 

in section 24B(2)(b) of that Act may not be exercised or performed

 

in respect of a person to whom this paragraph applies so as to make

 

a grant to enable the person to meet all or part of the person’s tuition

 

fees.

 

      (3)  

This paragraph applies to a person in England who is aged 18 or

 

over and who—

 

(a)    

has leave to enter or remain in the United Kingdom which

 

has been granted for a limited period,

 

(b)    

is an asylum-seeker, or

 

(c)    

has made an application for leave to enter or remain in the

 

United Kingdom which has not been withdrawn or

 

determined.

 

      (4)  

In this paragraph “tuition fees” means fees payable for a course of

 

a description mentioned in Schedule 6 to the Education Reform Act

 

1988.””

 

Member’s explanatory statement

 

This amendment prevents local authorities in England from paying the higher education tuition

 

fees of adult migrant care leavers deemed to be overseas students because of their immigration

 

status. Instead, to obtain such support, the person will be required to qualify under the Student

 

Support Regulations.

 

Angus Robertson

 

Stuart C. McDonald

 

Anne McLaughlin

 

Gavin Newlands

 

43

 

Schedule  9,  page  122,  leave out lines 16 to 34

 

Member’s explanatory statement

 

Removes those provisions added by Schedule 9 to the Immigration Bill that would prevent local

 

authorities providing leaving care support under the Children Act 1989 to young people who are

 

not asylum seekers and do not have leave to remain when they reach the age of 18 years.

 

Angus Robertson

 

Stuart C. McDonald

 

Anne McLaughlin

 

Gavin Newlands

 

44

 

Schedule  9,  page  122,  line  46,  at end insert “and,

 

(c)    

he entered the UK as an adult.”

 

Member’s explanatory statement

 

Enables local authorities to provide leaving care support under the Children Act 1989 to young

 

people who do not have leave to remain and are not asylum seekers.


 
 

Consideration of Bill (Report Stage): 1 December 2015      

21

 

Immigration Bill, continued

 
 

Secretary Theresa May

 

8

 

Schedule  9,  page  123,  leave out lines 10 and 11 and insert—

 

“(c)    

who is not a relevant failed asylum seeker, and”

 

Member’s explanatory statement

 

This amendment and amendment 9 define those who are or may be supported under section 95A

 

of the Immigration and Asylum Act 1999 and who therefore may not be supported under the

 

regulations made under paragraph 10A of Schedule 3 to the Nationality, Immigration and Asylum

 

Act 2002.

 

Secretary Theresa May

 

9

 

Schedule  9,  page  123,  line  12,  at end insert—

 

    “( )  

A person is a “relevant failed asylum seeker” for the purposes of sub-paragraph

 

(1)(c) if the person is a failed asylum seeker within the meaning of Part 6 of

 

the Immigration and Asylum Act 1999 and—

 

(a)    

the person is receiving support under section 95A of that Act,

 

(b)    

the person has made an application for such support which has not

 

been refused, or

 

(c)    

there are reasonable grounds for believing such support would be

 

provided to the person if an application by the person for such support

 

were made.”

 

Member’s explanatory statement

 

See the explanatory statement for amendment 8.

 

Secretary Theresa May

 

10

 

Schedule  9,  page  123,  line  23,  after “82(1),” insert—

 

“( )    

the appeal is not one that, by virtue of section 92(6),

 

must be continued from outside the United Kingdom,”

 

Member’s explanatory statement

 

This amendment excludes appeals which must be pursued from outside the UK under section 92(6)

 

of the 2002 Act from the reference in paragraph 10A(3)(b) to an appeal pending within the

 

meaning of section 104 of that Act.

 

Secretary Theresa May

 

11

 

Schedule  9,  page  123,  line  29,  after “that” insert “a person specified in regulations

 

under this paragraph is satisfied that”

 

Member’s explanatory statement

 

This amendment clarifies that the local authority or another person specified in the regulations is

 

to be satisfied that condition D in sub-paragraph 10A(5) of Schedule 3 to the 2002 Act is met in

 

order for support to be provided under that sub-paragraph.

 

Secretary Theresa May

 

12

 

Schedule  9,  page  123,  line  30,  at end insert—

 

    “( )  

Regulations under this paragraph may specify—

 

(a)    

factors which a person specified by virtue of sub-paragraph (5) may or

 

must take into account in making a determination under that sub-

 

paragraph;


 
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