Crime and Courts Bill [HL]

Page 23, line 2, at end insert—

“( ) This section shall not have effect in relation to an appeal against a refusal of entry clearance where that decision was taken wholly or partly on a general ground for refusal in rules as laid by the Secretary of State for the purposes of section 1(4) of the Immigration Act 1971.”

Lord Avebury gives notice of his intention to oppose the Question that Clause 24 stand part of the Bill.

Insert the following new Clause—

“Immigration appeals: race discrimination grounds

(1) In the Nationality, Immigration and Asylum Act 2002, in section 84(1)(b), after “Race Relations (Northern Ireland) Order 1997” insert “or relates to section 115 of the Equality Act 2010 in relation to the protected characteristic identified in section 9 of that Act”.”

Insert the following new Clause—

“Immigration appeals: asylum and humanitarian protection

In the Nationality, Immigration and Asylum Act 2002, in section 83(1)(b) omit the words from “Kingdom” to the end.”

Insert the following new Clause—

“Appeal from within the United Kingdom: unfounded human rights or asylum claim

In the Nationality, Immigration and Asylum Act 2002, in section 94, omit subsection (8).”

Insert the following new Clause—

“Appeal in progress

In the Nationality, Immigration and Asylum Act 2002, in section 99(1), omit “96(1) or (2)”.”

Page 23, line 22, at end insert—

“(4) This section does not apply if—

(a) the person concerned is stateless,

(b) the person concerned has previously made an asylum claim or a human rights claim and been granted leave on that basis, or

(c) the person concerned asserts in his or her grounds of appeal an asylum claim or a human rights claim.”

Page 23, line 23, leave out subsection (4)

Lord Avebury gives notice of his intention to oppose the Question that Clause 25 stand part of the Bill.

Insert the following new Clause—

“Amendment of the Legal Aid, Sentencing and Punishment of Offenders Act 2012

In Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012, after paragraph 30 insert—

30A Civil legal services provided in relation to a decision under section 82(2)(e) of the Nationality Immigration and Asylum Act 2002 in cases where the Secretary of State seeks to rely on section 97B of that Act.”.”

Page 27, line 8, at end insert—

“(15) The Borders, Citizenship and Immigration Act 2009 is amended as follows.

(16) In section 23(1) for “the Secretary of State must” substitute “the Secretary of State may”.

(17) After section 23(1)(d), insert—

“(e) the provision of services provided by another person pursuant to arrangements which are made by the Secretary of State and relating to the discharge of a function within paragraphs (a) to (d).””

Page 31, line 30, at end insert—

“( ) An order to bring section 26 into force shall not be made until—

(a) the Secretary of State has laid before Parliament a report about training, supervision and regulation of immigration officers;

(b) the Secretary of State has confirmed that she is satisfied that the training and supervision provided to immigration officers is adequate to allow them to fulfil their duties; and

(c) the Secretary of State has confirmed that provisions of a code have been specified for the purposes of section 145(1) of the Immigration and Asylum Act 1999 in relation to immigration officers exercising any of the powers to which that section refers.”