Immigration Bill (HL Bill 96)

(3) In section 144(1) (power to make provision about other biometric
information) for “, 142 and 143” substitute “and 142”.

(4) Omit section 166(4)(g) (Parliamentary procedure for orders under section
143).

5Anti-terrorism, Crime and Security Act 2001 (c. 24)Anti-terrorism, Crime and Security Act 2001 (c. 24)

18 Section 36 of the Anti-terrorism, Crime and Security Act 2001 (which
amends section 143 of the Immigration and Asylum Act 1999) is repealed.

Nationality, Immigration and Asylum Act 2002 (c. 41)Nationality, Immigration and Asylum Act 2002 (c. 41)

19 In section 126 of the Nationality, Immigration and Asylum Act 2002 (power
10to require provision of physical data with certain immigration applications)
omit—

(a) the “or” at the end of subsection (2)(b),

(b) subsection (4)(g), and

(c) subsection (5).

15Part 4 Provision relating to appeals

Immigration Act 1971 (c. 77)Immigration Act 1971 (c. 77)

20 The Immigration Act 1971 is amended as follows.

21 (1) Section 3C (continuation of leave pending variation decision) is amended as
20follows.

(2) In subsection (2)—

(a) omit the “or” at the end of paragraph (b);

(b) after paragraph (c) insert “, or

(d) an administrative review of the decision on the
25application for variation—

(i) could be sought, or

(ii) is pending.”

(3) After subsection (6) insert—

“(7) In this section—

• 30“administrative review” means a review conducted under the
  immigration rules;

• the question of whether an administrative review is pending is
  to be determined in accordance with the immigration rules.”

22 (1) Section 3D (continuation of leave following revocation) is amended as
35follows.

(2) In subsection (2)—

(a) omit the “or” at the end of paragraph (a);

(b) after paragraph (b) insert, “or

“(c) an administrative review of the variation or
40revocation—

(i) could be sought, or

(ii) is pending.”

(3) After subsection (4) insert—

“(5) In this section—

• 5“administrative review” means a review conducted under the
  immigration rules;

• the question of whether an administrative review is pending is
  to be determined in accordance with the immigration rules.”

23 In Schedule 2 (administrative provisions as to control on entry etc), in
10paragraph 2A(9), for “(immigration and asylum appeals)” substitute
“(appeals in respect of protection and human rights claims)”.

24 In Schedule 3 (supplementary provisions as to deportation), in paragraph 3,
for the words from “of the kind” to “order)” substitute “that relates to a
deportation order”.

15British Nationality Act 1981 (c. 61)British Nationality Act 1981 (c. 61)

25 In section 40A of the British Nationality Act 1981 (deprivation of citizenship:
appeal), in subsection (3)—

(a) omit “, 83 or 83A”;

(b) omit paragraph (a).

20Special Immigration Appeals Commission Act 1997 (c. 68)Special Immigration Appeals Commission Act 1997 (c. 68)

26 (1) The Special Immigration Appeals Commission Act 1997 is amended as
follows.

(2) In section 2 (jurisdiction: appeals)—

(a) in subsection (1)(a), omit “, 83(2) or 83A(2)”;

(b) 25in subsection (1)(b), omit “, 83(2) or 83A(2)”;

(c) in subsection (2), omit paragraphs (d), (h) and (l);

(d) omit subsections (3) and (4);

(e) in subsection (5), omit “against an immigration decision”;

(f) omit subsection (6).

(3) 30In section 2B (appeal to SIAC against deprivation of citizenship), omit the
words from “(and” to the end.

(4) In section 6A (procedure in relation to review jurisdiction)—

(a) in the heading, for “and 2D” substitute “to 2E”;

(b) in subsection (1), for “or 2D” substitute “, 2D or 2E”;

(c) 35in subsection (2)—

(i) in paragraph (a), for “or 2D” substitute “, 2D or 2E”;

(ii) in paragraph (b), for “or (as the case may be) 2D(2)” substitute
“, 2D(2) or (as the case may be) 2E(2)”.

(5) In section 7 (appeals from the Commission), in subsection (1A), for “or 2D”
40substitute “, 2D or 2E”.

Immigration and Asylum Act 1999 (c. 33)Immigration and Asylum Act 1999 (c. 33)

27 The Immigration and Asylum Act 1999 is amended as follows.

28 Section 23 (monitoring refusals of entry clearance) is repealed.

29 (1) Section 141 (fingerprinting) is amended as follows.

(2) 5In subsection (7)—

(a) for paragraph (c) substitute—

“(c) any person (“C”) in respect of whom the Secretary of
State has decided—

(i) to make a deportation order, or

(ii) 10that section 32(5) of the UK Borders Act 2007
(automatic deportation of foreign criminals)
applies;

(ca) any person (“CA”) who requires leave to enter or
remain in the United Kingdom but does not have it;”;

(b) 15in paragraph (f), for the words from “paragraph (c)” to the end
substitute “paragraph (c)(ii)”.

(3) In subsection (8), for paragraph (c) substitute—

“(c) for C, when he is notified of the decision mentioned in
subsection (7)(c);

(ca) 20for CA, when he becomes a person to whom this section
applies;”.

(4) In subsection (9)—

(a) in paragraph (b), after “C” insert “, CA”;

(b) in paragraph (c)(i) for “relevant immigration decision” substitute
25“decision mentioned in subsection (7)(c)”;

(c) after paragraph (c) insert—

“(ca) for CA, when he no longer requires leave to enter or
remain in the United Kingdom;”.

(5) Omit subsection (16).

30Nationality, Immigration and Asylum Act 2002 (c. 41)Nationality, Immigration and Asylum Act 2002 (c. 41)

30 The Nationality, Immigration and Asylum Act 2002 is amended as follows.

31 In section 72 (serious criminal), in subsection (9)(a)—

(a) omit “, 83, 83A or 101”;

(b) for the words from “that to remove him” to the end substitute
35“mentioned in section 84(1)(a) or (3)(a) of this Act (breach of the
United Kingdom’s obligations under the Refugee Convention),
and”.

32 In section 79 (deportation order: appeal), in subsection (1) for “against”
substitute “that may be brought or continued from within the United
40Kingdom relating to”.

33 For the heading to Part 5, substitute “Appeals in respect of Protection and
Human Rights Claims”.

34 In section 85 (matters to be considered)—

(a) in subsection (2), for “84(1)” substitute “84”;

(b) in subsection (4)—

(i) omit “, 83(2) or 83A(2)”;

(ii) omit “evidence about”;

(iii) 5omit “evidence which concerns”.

35 Section 85A (matters to be considered: new evidence: exceptions) is
repealed.

36 In section 86 (determination of appeal)—

(a) in subsection (1), omit “, 83 or 83A”;

(b) 10in subsection (2), omit “(whether or not by virtue of section 85(1))”;

(c) omit subsections (3) to (6).

37 Sections 87 to 91 are repealed.

38 (1) Section 94 (appeal from within the United Kingdom) is amended as follows.

(2) In the heading, for “asylum” substitute “protection”.

(3) 15For subsections (1) to (2) substitute—

“(1) The Secretary of State may certify a protection claim or human rights
claim as clearly unfounded.”

(4) In subsection (3)—

(a) for “an asylum claimant or human rights” substitute “a”;

(b) 20for “subsection (2)” substitute “subsection (1)”.

(5) In subsection (6A) for “an asylum claimant or human rights” substitute “a”.

(6) In subsection (7), for the words from the beginning to “certifies that”
substitute “The Secretary of State may certify a protection claim or human
rights claim made by a person if”.

(7) 25In subsection (8)(b), at the end insert “or with the United Kingdom’s
obligations in relation to persons eligible for a grant of humanitarian
protection”.

(8) Omit subsection (9).

39 In section 94A (European Common List of Safe Countries of Origin)—

(a) 30in subsection (2), for “an asylum claim” substitute “a protection
claim”;

(b) in subsection (4) for “94(2)” substitute “94(1)”.

40 Section 95 (appeal from outside the United Kingdom: removal) is repealed.

41 (1) Section 96 (earlier right of appeal) is amended as follows.

(2) 35In subsection (1)—

(a) in the opening words, for the words from the beginning to “brought”
substitute “A person may not bring an appeal under section 82
against a decision (“the new decision”)”;

(b) in paragraph (a), omit “immigration”;

(c) 40in paragraph (b) for “matter” substitute “ground”;

(d) in paragraph (c) for “matter” substitute “ground”.

(3) For subsection (2) substitute—

“(2) A person may not bring an appeal under section 82 if the Secretary
of State or an immigration officer certifies—

(a) that the person has received a notice under section 120(2),

(b) 5that the appeal relies on a ground that should have been, but
has not been, raised in a statement made under section 120(2)
or (5), and

(c) that, in the opinion of the Secretary of State or the
immigration officer, there is no satisfactory reason for that
10ground not having been raised in a statement under section
120(2) or (5).”

42 In section 97 (national security etc)—

(a) in subsection (1), omit “, 83(2) or 83A(2)”;

(b) in subsection (3), omit “, 83(2) or 83A(2)”.

43 15In section 97A (national security: deportation)—

(a) in subsection (2B), for the words from “breach” to the end substitute
“be unlawful under section 6 of the Human Rights Act 1998 (public
authority not to act contrary to Human Rights Convention)”;

(b) omit subsections (2D), (2E) and (3).

44 20Section 97B (variation of leave on grounds of public good: rights of appeal)
is repealed.

45 Section 98 (other grounds of public good) is repealed.

46 In section 99—

(a) in the heading, for “Sections 97 and 98” substitute “Section 97”;

(b) 25in subsection (1), omit “or 98”.

47 (1) Section 104 (pending appeal) is amended as follows.

(2) Omit subsection (4).

(3) In subsection (4A), for “subsections (4B) and (4C)” substitute “subsection
(4B)”.

(4) 30In subsection (4B)—

(a) for “the ground relating to the Refugee Convention specified in
section 84(1)(g)” substitute “a ground specified in section 84(1)(a) or
(b) or 84(3) (asylum or humanitarian protection)”;

(b) omit paragraph (a) (and the “and” immediately following it).

(5) 35Omit subsections (4C) and (5).

48 (1) Section 105 (notice of immigration decision) is amended as follows.

(2) In subsection (1), for “immigration” substitute “appealable”.

(3) In subsection (2)—

(a) in the opening words, for “a decision against which the person is
40entitled to appeal under section 82(1)” substitute “an appealable
decision”;

(b) in paragraph (a) for “that section” substitute “section 82”.

(4) At the end insert—

“(4) In this section “appealable decision” means a decision mentioned in
section 82(1).”

49 In section 106 (rules)—

(a) 5in subsection (3), omit “, 83 or 83A”;

(b) in subsection (4), omit “, 83 or 83A”.

50 In section 107 (practice directions), in subsection (3), omit “, 83 or 83A”.

51 In section 108 (forged documents: proceedings in private), in subsection
(1)(a), omit “, 83 or 83A”.

52 10In section 112 (regulations etc)—

(a) omit subsection (3A);

(b) in subsection (4), omit “or 115(8)”;

(c) in subsection (5), omit “or 115(9)”.

53 (1) Section 113 (interpretation) is amended as follows.

(2) 15In subsection (1)—

(a) in the definition of “human rights claim”—

(i) after “Kingdom” insert “or to refuse him entry into the United
Kingdom”;

(ii) omit “as being incompatible with his Convention rights”;

(b) 20at the appropriate places insert—

• ““humanitarian protection” has the meaning given in
  section 82(2);”

• ““protection claim” has the meaning given in section
  82(2)”;

• 25““protection status” has the meaning given in section
  82(2)”;

(c) omit the definitions of “entry clearance”, “illegal entrant”,
“prescribed”, “visitor” and “work permit”;

(d) in the definition of “immigration rules”, for “that Act” substitute “the
30Immigration Act 1971”.

(3) Omit subsection (2).

54 Section 115 (appeal from within United Kingdom: unfounded human rights
or asylum claim: transitional provision) is repealed.

55 For section 120 (requirement to state additional grounds for application)
35substitute—

“120 Requirement to state additional grounds for application etc

(1) Subsection (2) applies to a person (“P”) if—

(a) P has made a protection claim or a human rights claim,

(b) P has made an application to enter or remain in the United
40Kingdom, 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
on 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) 5any 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) 10the 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) 15P 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) 20Where 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
25United 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,

30P 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
  35meanings as in Part 5;

• references to “grounds” are to grounds on which an appeal
  under Part 5 may be brought (see section 84).”

Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c. 19)2004 (c. 19)

56 (1) Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc)
40Act 2004 (removal of asylum seeker to safe third country) is amended as
follows.

(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
45relating to an asylum or human rights claim may be brought or
continued.”

(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) 5in 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)”
10substitute “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) 15in 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) 20omit 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”.

25Immigration, Asylum and Nationality Act 2006 (c. 13)Immigration, Asylum and Nationality Act 2006 (c. 13)

57 (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
30Kingdom”;

(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) 35in 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
40Refugee Convention);”.

(5) In Schedule 1 (consequential amendments) paragraph 11 (amendment to
section 112(5) of the 2002 Act) is repealed.

UK Borders Act 2007 (c. 30)UK Borders Act 2007 (c. 30)

58 In section 17 of the UK Borders Act 2007 (support for failed asylum-seekers),
in subsection (2)—

(a) in paragraph (a), omit “against an immigration decision”;

(b) 5in paragraph (b), omit “against an immigration decision”.

Equality Act 2010 (c. 15)Equality Act 2010 (c. 15)

59 In section 115 of the Equality Act 2010 (immigration cases), in subsection (8)
after “2D” insert “and 2E”.

Consequential repeals

60 10The provisions shown in the table below are repealed in consequence of the
amendments made by sections 15 to 17 and this Part of this Schedule.

Part 5 Provision relating to employment

Immigration, Asylum and Nationality Act 2006 (c. 13)Immigration, Asylum and Nationality Act 2006 (c. 13)

61 In section 15 of the Immigration, Asylum and Nationality Act 2006 (penalty),
40in subsection (6)(e), after “penalty” insert “or make an appeal against it”.

Part 6 Provision relating to driving licences

Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)S.I. 1981/154 (N.I. 1))

62 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)”.

Road Traffic Act 1988 (c. 52)Road Traffic Act 1988 (c. 52)

63 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)”.

Road Safety Act 2006 (c. 49)Road Safety Act 2006 (c. 49)

64 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”.

Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)S.I. 2007/916 (N.I. 10))

65 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”.”

Part 7 Provision relating to marriage and civil partnership

35Transitional provision

66 The provisions of sections 47 to 50, 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.