Immigration Bill

Amendments
to be moved
in committee

Clause 3

LORD ROBERTS OF LLANDUDNO

 

Page 2, line 39, at end insert—

“( )     In paragraph 16 (detention of persons liable to examination or removal)
after sub-paragraph (4) insert—

“(5)     A person detained under this paragraph must be released on bail in
accordance with paragraph 22 after no later than the twenty-eighth
day following that on which the person was detained.””

 

Page 3, line 7, leave out subsection (3) and insert—

“(3)     In paragraph 22 (bail) at the end insert—

“(4)     The following provisions apply if a person is detained under any
provision of this Act—

(a)   the Secretary of State must arrange a reference to the First-
tier Tribunal for it to determine whether the detained
person should be released on bail;

(b)   the Secretary of State must secure that a first reference to the
First-tier Tribunal is made no later than the eighth day
following that on which the detained person was detained;

(c)   if the detained person remains in detention, the Secretary of
State must secure that a second reference to the First-tier
Tribunal or Commission is made no later than the thirty-
sixth day following that on which the detained person was
detained;

(d)   the First-tier Tribunal hearing a case referred to it under this
section must proceed as if the detained person had made an
application to it for bail; and

(e)   the First-tier Tribunal must determine the matter—

(i)   on a first reference, before the tenth day following
that on which the person concerned was detained;
and

(ii)   on a second reference, before the thirty-eighth day
following that on which he was detained.

(5)     For the purposes of this paragraph, “First-tier Tribunal” means—

(a)   if the detained person has brought an appeal under the
Immigration Acts, the chamber of the First-tier Tribunal
dealing with his appeal; and

(b)   in any other case, such chamber of the First-tier Tribunal as
the Secretary of State considers appropriate.

(6)     In case of a detained person to whom section 3(2) of the Special
Immigration Appeals Commission Act 1997 applies (jurisdiction in
relation to bail for persons detained on grounds of national
security) a reference under sub-paragraph (3)(a) above, shall be to
the Commission and not to the First-tier Tribunal.

(7)     Rules made by the Lord Chancellor under section 5 of the Special
Immigration Appeals Commission Act 1997 may include provision
made for the purposes of this paragraph.””

After Clause 40

LORD ROBERTS OF LLANDUDNO

 

Insert the following new Clause—

“Permission to work

After section 3(9) of the Immigration Act 1971 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 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 to refuse to treat such
further submissions as a fresh claim or on that 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.””

 

Insert the following new Clause—

“Support for prescribed groups

Section 4 of the Immigration and Asylum Act 1999 (accommodation) is
amended as follows.

(1)     In subsection (1), for “facilities for the accommodation” substitute
“support”.

(2)     In subsection (2), for “facilities for the accommodation” substitute
“support”.

(3)     In subsection (3), for “facilities for the accommodation of a dependant of a
person for whom facilities” substitute “support of a dependant of a person
for whom support”.

(4)     In subsection (5)—

(a)   in paragraph (a), for “accommodation” substitute “support” in both
occurrences; and

(b)   in paragraph (b), for “accommodation” substitute “support” in both
occurrences.

(5)     In subsection (6)—

(a)   in paragraph (a), for “accommodation” substitute “support”;

(b)   in paragraph (b), for “accommodation” substitute “support”; and

(c)   in paragraph (c), for “accommodation” substitute “support” in both
occurrences.

(6)     For subsections (10) and (11) substitute—

“(10)    “Support” means—

(a)   accommodation appearing to the Secretary of State to be
adequate for the needs of the supported person and his
dependants;

(b)   food or other essential items;

(c)   the means to enable the supported person to meet what
appear to the Secretary of State to be expenses (other than
legal expenses or other expenses of a prescribed
description) incurred in connection with his claim for
asylum or leave to remain in the UK;

(d)   the means for the supported person and his dependants to
attend bail proceedings in connection with his detention
under any provision of the Immigration Acts; or

(e)   the means to enable the supported person and his
dependants to attend bail proceedings in connection with
the detention of a dependant of his under any such
provision.

(11)     If the Secretary of State considers that the circumstances of a
particular case are exceptional, such other resources as he considers
necessary to enable the supported person and his dependants to be
supported.””

Schedule 1

LORD ROBERTS OF LLANDUDNO

 

Page 56, line 12, leave out paragraph 5

Schedule 3

LORD ROBERTS OF LLANDUDNO

 


Lord Roberts of Llandudno gives notice of his intention to oppose the Question that
Schedule 3 be the Third Schedule to the Bill.

Prepared 14th February 2014