SCHEDULE 9 continued PART 4 continued
Immigration BillPage 110
(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
5on 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)
10any 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) 15the 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)
20P 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)
25Where 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
30United Kingdom,
(b)
additional 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,
35P must, as soon as reasonably practicable, provide a supplementary
statement 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
40meanings as in Part 5;
references to “grounds” are to grounds on which an appeal
under Part 5 may be brought (see section 84).”
47
(1)
Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc)
45Act 2004 (removal of asylum seeker to safe third country) is amended as
follows.
Immigration BillPage 111
(2) In paragraph 1, at the end insert—
“(3)
Section 92 of the Nationality, Immigration and Asylum Act 2002
makes further provision about the place from which an appeal
relating to an asylum or human rights claim may be brought or
5continued.”
(3) In paragraph 5—
(a) omit sub-paragraph (2);
(b)
in sub-paragraph (3), for the words from “by virtue of” to “rights)”
substitute “from within the United Kingdom”;
(c)
10in sub-paragraph (4), for “by virtue of section 92(4)(a) of that Act”
substitute “from within the United Kingdom”.
(4) In paragraph 10—
(a) omit sub-paragraph (2);
(b)
in sub-paragraph (3), for the words from “by virtue of” to “rights)”
15substitute “from within the United Kingdom”;
(c)
in sub-paragraph (4), for “by virtue of section 92(4)(a) of that Act”
substitute “from within the United Kingdom”.
(5) In paragraph 15—
(a) omit sub-paragraph (2);
(b)
20in sub-paragraph (3), for the words from “by virtue of” to “rights)”
substitute “from within the United Kingdom”;
(c)
in sub-paragraph (4), for “by virtue of section 92(4)(a) of that Act”
substitute “from within the United Kingdom”.
(6) In paragraph 19—
(a) 25omit paragraph (a);
(b)
in paragraph (b), for the words from “by virtue of” to “rights)”
substitute “from within the United Kingdom”;
(c)
in paragraph (c), for “by virtue of section 92(4)(a) of that Act”
substitute “from within the United Kingdom”.
48 (1) The Immigration, Asylum and Nationality Act 2006 is amended as follows.
(2)
In section 12(3) (new definition of human rights claims), in paragraph (a) of
the definition of “human rights claim”—
(a)
after “Kingdom” insert “or to refuse him entry into the United
35Kingdom”;
(b) omit “as being incompatible with his Convention rights”.
(3)
Section 13 (appeal from within the United Kingdom: certification of
unfounded claim) is repealed.
(4) In section 55 (Refugee Convention: certification), in subsection (2)(a)—
(a) 40in sub-paragraph (i), omit “, 83 or 101”;
(b) for sub-paragraph (ii) substitute—
“(ii)
which is brought on the ground mentioned in
section 84(1)(a) or (3)(a) of that Act (breach of
United Kingdom’s obligations under the
45Refugee Convention);”.
Immigration BillPage 112
(5)
In Schedule 1 (consequential amendments) paragraph 11 (amendment to
section 112(5) of the 2002 Act) is repealed.
49
In section 17 of the UK Borders Act 2007 (support for failed asylum-seekers),
5in subsection (2)—
(a) in paragraph (a), omit “against an immigration decision”;
(b) in paragraph (b), omit “against an immigration decision”.
50
In section 115 of the Equality Act 2010 (immigration cases), in subsection (8)
10after “2D” insert “and 2E”.
51
The 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.
| Title | Extent of repeal |
|---|---|
| Nationality, Immigration and Asylum Act 2002 |
15In Schedule 7, paragraph 27. |
| Asylum and Immigration (Treatment of Claimants, etc) Act 2004 |
Section 15(2), (3) and (5). |
| 20Section 26(2) and (3). | |
| Section 27(2) and (3). | |
| Sections 28 and 29. | |
| Section 31. | |
| In Schedule 2, paragraphs 18(2)(c) and 19. | |
| Immigration, Asylum and Nationality Act 2006 |
25Sections 1 to 6. |
| Section 11(6). | |
| Section 47(6) to (8). | |
| Section 57(2). | |
| 30In Schedule 1, paragraphs 2 to 6, 10, 11, 13, 14(a) and (c). |
|
| UK Borders Act 2007 | Section 19. |
| Section 35(3). | |
| Borders, Citizenship and Immigration Act 2009 |
Section 51(3). 35 |
| Crime and Courts Act 2013 | Section 51(1). |
| Sections 52 and 53. |
52
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”.
Immigration BillPage 113
53
In Article 5 of the Road Traffic (Northern Ireland) Order 1981 (tests of
5competence 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
10the United Kingdom” insert “normally and lawfully resident in
Northern Ireland or the United Kingdom (within the meaning of
Article 13A)”.
54 In section 89 of the Road Traffic Act 1988 (tests of competence to drive)—
(a)
15in subsection (1), omit “meets the relevant residence requirement
and”;
(b) omit subsection (1A);
(c)
in subsection (4)(aa) for “normally resident in Great Britain or the
United Kingdom” substituted “normally and lawfully resident in
20Great Britain or the United Kingdom (within the meaning of section
97A)”.
55
In Schedule 3 to the Road Safety Act 2006 (endorsement: all drivers), in
paragraph 9—
(a) 25after sub-paragraph (3) insert—
“(3A) In subsection (3ZA), omit “and its counterpart”.”;
(b) in sub-paragraph (6A)(b), at the end insert “in both places”.
56
In Schedule 5 to the Road Traffic (Northern Ireland) Order 2007
30(endorsement: all drivers: consequential amendments), in paragraph 6, after
sub-paragraph (a) insert—
“(aa) in paragraph (5ZA), omit “and its counterpart”.”
57
The provisions of sections 43 to 46, and the amendments made by Schedule
4, 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
40and amendments come into force.
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58
(1)
On the day on which paragraph 2 of Schedule 7 comes into force the
5Immigration 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
10as to have effect only in relation to a specified field of advice or services.
59 (1) In 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
15on which paragraph 7 of Schedule 7 comes into force;
(b)
references 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
20before that day;
(ii)
a 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) 25paragraph 5(3)(za), (aa) and (d) of Schedule 5 to that Act;
(c) paragraph 9(1)(a), (1A) and (4)(a) of Schedule 5 to that Act.
60
(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)
30was an exempt person immediately before the day on which
paragraph 2 of Schedule 7 comes into force, and
(b) became a registered person on that day by virtue of paragraph 58(1),
as if, while the person was an exempt person, the person had been a
registered person.
(2)
35In paragraph 10A(2)(a) of Schedule 5 to the Immigration and Asylum Act
1999, 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)
40of the Immigration and Asylum Act 1999.
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61
(1)
Any order or direction under paragraph 5 of Schedule 2 to the Immigration
5Act 1971 that has effect immediately before commencement has, after
commencement, 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
10under 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 8 come into force.
62
(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)
20The 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 62 of
the Immigration Act 2014.
(3B) 25The 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
30section 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) 35In subsection (4) omit “(1)(b) or”.
(5) In subsection (7) omit from “(and any provision” to the end.
63
Sections 51 and 52 of the Immigration, Asylum and Nationality Act 2006
(fees) are repealed.
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64
For section 15(2)(b) of the UK Borders Act 2007 (application of certain
provisions to applications for biometric immigration documents)
substitute—
“(b) 5section 62 of the Immigration Act 2014 (fees);”.
65
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
10Nationality Act 2006;
(b) section 20 of the UK Borders Act 2007.