Immigration Bill (HL Bill 79)

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(3) Omit paragraphs 3 to 10.

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

18 The Special Immigration Appeals Commission Act 1997 is amended as
follows.

19 5In section 3(1) (jurisdiction: bail) for “Schedule 2 to the Immigration Act
1971” substitute “Schedule 7 to the Immigration Act 2016”.

20 (1) Section 5 (procedure in relation to jurisdiction under sections 2 and 3) is
amended as follows.

(2) In subsection (4)(a) for “Part II of Schedule 2 to the Immigration Act 1971”
10substitute “Schedule 7 to the Immigration Act 2016”.

(3) In subsection (5) for “paragraphs 22 to 24 of Schedule 2 to the Immigration
Act 1971” substitute “Schedule 7 to the Immigration Act 2016”.

(4) In subsection (5A)—

(a) for “bail under paragraph 22 or 29 of Schedule 2 to the Immigration
15Act 1971” substitute “immigration bail under Schedule 7 to the
Immigration Act 2016”, and

(b) for “bail” in the second place it appears substitute “immigration
bail”.

21 For Schedule 3 substitute—

Section 3

“Schedule 3 20Bail: Modifications of Schedule 7 to the Immigration Act 2016

1 Paragraph 1(3) (power to grant bail) has effect as if—

(a) for “The First-tier Tribunal” there were substituted “The
Special Immigration Appeals Commission”, and

(b) for “the Tribunal” there were substituted “the
25Commission”.

2 Paragraph 2 (conditions of immigration bail) has effect as if—

(a) in sub-paragraphs (1)(a), (3) and (5) for “the First-tier
Tribunal” there were substituted “the Special Immigration
Appeals Commission”, and

(b) 30in sub-paragraph (5) for “the Tribunal” there were
substituted “the Commission”.

3 Paragraph 3 (exercise of power to grant immigration bail) has
effect as if—

(a) in sub-paragraphs (1), (2)(f), (3), (4), (5) and (6) for “the
35First-tier Tribunal” there were substituted “the Special
Immigration Appeals Commission”, and

(b) in sub-paragraph (5) for “the Tribunal” there were
substituted “the Commission”.

4 Paragraph 4(2)(d) (arrangements under electronic monitoring
40condition) has effect as if for “the First-tier Tribunal” there were
substituted “the Special Immigration Appeals Commission”.

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5 Paragraph 5(5) (payment of sum under financial condition) has
effect as if for “the First-tier Tribunal” there were substituted “the
Special Immigration Appeals Commission”.

6 Paragraph 6 (power to vary bail conditions) has effect as if—

(a) 5in sub-paragraphs (3), (4), (6), (7), (8) and (9) for “the First-
tier Tribunal” there were substituted “the Special
Immigration Appeals Commission”, and

(b) in sub-paragraphs (3), (4), (6) and (10) for “the Tribunal”
there were substituted “the Commission”.

7 10Paragraph 8(9) (meaning of “relevant authority”) has effect as if for
“the First-tier Tribunal” in both places there were substituted “the
Special Immigration Appeals Commission”.”

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

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

23 (1) 15Section 62 (detention by the Secretary of State) is amended as follows.

(2) In subsection (3) omit paragraph (b) (but not the “and” at the end of it).

(3) Omit subsection (4).

24 Omit sections 68 (bail) and 69 (reporting restriction: travel expenses).

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

25 20In the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 omit
section 36 (electronic monitoring).

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

26 In section 24 of the Immigration, Asylum and Nationality Act 2006
(temporary admission)—

(a) 25for “paragraph 21(1) of Schedule 2 to the Immigration Act 1971 (c 77)1971 (c 77)
(temporary admission or release from detention)” substitute “a grant
of immigration bail to the person under Schedule 7 to the
Immigration Act 2016”, and

(b) in paragraph (b) for “paragraph 21(2)” substitute “that Schedule as a
30condition of that person’s immigration bail”.

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

27 (1) Section 36 of the UK Borders Act 2007 (detention) is amended as follows.

(2) In subsection (2) for the words from “unless” to the end of the subsection
substitute “the person is granted immigration bail under Schedule 7 to the
35Immigration Act 2016.”

(3) In subsection (3) for “direct release” substitute “release a person on bail”.

(4) After subsection (3) insert—

(3A) The provisions of Schedule 7 to the Immigration Act 2016 that apply
in relation to the grant of immigration bail by the First-tier Tribunal
40apply in relation to the grant of bail by the court under subsection (3).

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(3B) If the court grants bail to a person under subsection (3), Schedule 7 to
the Immigration Act 2016 applies in relation to that person as if the
person had been granted immigration bail by the First-tier Tribunal
under that Schedule.”

(5) 5In subsection (4) omit “(including provisions about bail)”.

(6) Omit subsection (5).

Section 37

SCHEDULE 8 Support for certain categories of migrant

Part 1 10Amendments of the Immigration Acts

Abolition of power to support certain categories of migrant

1 Section 4 of the Immigration and Asylum Act 1999 (provision of
accommodation for failed asylum-seekers, etc) is repealed.

2 In consequence of the repeal made by paragraph 1—

(a) 15in section 26A of the Immigration Act 1971, omit subsection (1)(b)(ii);

(b) in the following provisions, omit “section 4 or”—

(i) section 3A(7A) of the Protection from Eviction Act 1977;

(ii) paragraph 3A(1) of Schedule 2 to the Housing (Northern
Ireland) Order 1983 (S.I. 1983/1118 (N.I. 15)S.I. 1983/1118 (N.I. 15));

(iii) 20section 23A(5A) of the Rent (Scotland) Act 1984;

(iv) paragraph 4A(1) of Schedule 1 to the Housing Act 1985;

(v) paragraph 11B of Schedule 4 to the Housing (Scotland) Act
1988;

(vi) paragraph 12A(1) of Schedule 1 to the Housing Act 1988;

(c) 25in section 99 of the Immigration and Asylum Act 1999, in subsections
(1) and (4), omit “4,”;

(d) in section 103 of that Act—

(i) omit subsection (2A), and

(ii) in subsections (6) and (7), for “section 4 or 95” substitute
30“section 95”;

(e) in section 118(1)(b) of that Act, omit “4,”;

(f) in section 166(5) of that Act, omit paragraph (za);

(g) in the Nationality, Immigration and Asylum Act 2002—

(i) in section 23, omit subsection (5),

(ii) 35in section 26, in subsection (3), omit “4,”,

(iii) omit section 49,

(iv) in section 51, in subsection (2), omit paragraph (b), and

(v) in section 55, in subsection (2)(a), omit “4,”;

(h) in the Asylum and Immigration (Treatment of Claimants, etc.) Act
402004, omit section 10;

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(i) in the Immigration, Asylum and Nationality Act 2006, omit section
43(1)(b), (2), (5), (6) and (7);

(j) in the UK Borders Act 2007—

(i) in section 17, in subsection (1)(a), omit “(and section 4)”, and

(ii) 5in section 40, in subsection (1), omit paragraph (e);

(k) in Schedule 1 to the Legal Aid, Sentencing and Punishment of
Offenders Act 2012, in paragraph 31(1)(a), omit “4 or”.

Power to support people making further submissions in relation to protection claims

3 (1) Section 94 of the Immigration and Asylum Act 1999 (interpretation of Part 6)
10is amended as follows.

(2) In subsection (1)—

(a) for the definition of “asylum-seeker” substitute—

  • ““asylum-seeker” means a person falling within
    subsection (2A) or (2B) (but see also subsection
    15(3C));”;

(b) omit the definition of “claim for asylum”;

(c) before the definition of “housing accommodation” insert—

  • ““further qualifying submissions” has the meaning
    given by subsection (2C);”;

(d) 20after the definition of “Northern Ireland authority” insert—

  • ““protection claim” has the meaning given by section
    82(2) of the Nationality, Immigration and Asylum Act
    2002;”.

(3) After subsection (2) insert—

(2A) 25A person is an asylum-seeker for the purposes of this Part if—

(a) the person is at least 18 years old,

(b) the person has made a protection claim, and

(c) the person’s claim—

(i) has been recorded by the Secretary of State, but

(ii) 30has not been determined.

(2B) A person is also an asylum-seeker for the purposes of this Part if—

(a) the person is at least 18 years old,

(b) the person has made further qualifying submissions (see
subsection (2C)), and

(c) 35the person’s submissions—

(i) have been recorded by the Secretary of State, but

(ii) have not been determined before the end of such
period as may be prescribed.

(2C) A person makes “further qualifying submissions” if—

(a) 40the person makes submissions to the Secretary of State that
the person’s removal from the United Kingdom would
breach any of the obligations mentioned in section 82(2)(a)(i)
or (ii) of the Nationality, Immigration and Asylum Act 2002
(protection claims), and

(b) 45the submissions fall to be considered by the Secretary of State
under paragraph 353 of the immigration rules.”

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(4) In subsection (3), for “claim for asylum” substitute “protection claim”.

(5) After subsection (3) insert—

(3A) For the purposes of this Part, further qualifying submissions made
by a person are determined—

(a) 5at the end of a prescribed period beginning with the relevant
day (see subsection (3B)), or

(b) in a case where no period is prescribed for the purposes of
paragraph (a), at the end of the relevant day.

(3B) In subsection (3A) “the relevant day” means the day on which the
10Secretary of State notifies the person that the submissions made by
the person are to be—

(a) accepted,

(b) rejected without being treated as a fresh protection claim, or

(c) treated as a fresh protection claim.

(3C) 15If—

(a) further qualifying submissions made by a person are rejected
without being treated as a fresh protection claim, and

(b) the person is granted permission to apply for judicial review
of that rejection,

20the person is to be treated as an asylum-seeker for the purposes of
this Part during the review period (see subsection (3D)).

(3D) In subsection (3C) “the review period” means the period—

(a) beginning with the day on which permission to apply for
judicial review is granted, and

(b) 25ending with—

(i) a prescribed period beginning with the day on which
the judicial review is disposed of, or

(ii) in a case where no period is prescribed for the
purposes of sub-paragraph (i), that day.”

(6) 30In subsection (8), after “subsection (3)” insert “or (3B)”.

4 In consequence of the repeal made by paragraph 3(2)(b)—

(a) in section 96 of the Immigration and Asylum Act 1999 (ways in
which support may be provided), in subsection (1)(c), for “claim for
asylum” substitute “protection claim”;

(b) 35in section 141 of that Act (fingerprinting)—

(i) in subsections (7)(e), (8)(e) and (9)(e), for “claim for asylum”
substitute “protection claim”, and

(ii) in subsection (15), for ““Claim for asylum”” substitute
““Protection claim””;

(c) 40in section 167 of that Act (interpretation), in subsection (1), in the
definition of “claim for asylum”, for “Parts V and VI and section 141”
substitute “Part 5”;

(d) in Schedule 8 to that Act (provision of support: regulations), in
paragraph 9(2)(b), for “claim for asylum” substitute “protection
45claim”;

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(e) in section 135 of the Criminal Justice and Immigration Act 2008
(support: supplemental), in subsection (5), for “claim for asylum”
substitute “protection claim”.

Power to support failed asylum-seekers

5 5Part 6 of the Immigration and Asylum Act 1999 (support for asylum-seekers)
is amended as follows.

6 The heading of the Part becomes “Support for asylum-seekers, etc”.

7 (1) Section 94 (interpretation of Part 6) is amended as follows.

(2) In subsection (1)—

(a) 10in the definition of “dependant”, after “asylum-seeker” insert “, a
failed asylum-seeker”;

(b) after the definition of “the Executive” insert—

  • ““failed asylum-seeker” has the meaning given by
    subsection (2D);”;

(c) 15for the definition of “supported person” substitute—

  • ““supported person” means—

    (a)

    in relation to support under section 95, an
    asylum-seeker, or a dependant of an asylum-
    seeker, who has applied for support and for
    20whom support is provided under that section,
    and

    (b)

    in relation to support under section 95A, a
    failed asylum-seeker, or a dependant of a
    failed asylum-seeker, who has applied for
    25support and for whom support is provided
    under that section.”

(3) In subsection (2), after “section 95” insert “or 95A”.

(4) After subsection (2C) (inserted by paragraph 3(3) above) insert—

(2D) A person is a failed asylum-seeker for the purposes of this Part if—

(a) 30the person is at least 18 years old,

(b) the person—

(i) was an asylum-seeker, or

(ii) would have been an asylum-seeker at any time if the
person had been at least 18 years old at that time,

(c) 35the person’s protection claim has been rejected, and

(d) the person is not an asylum-seeker.”

(5) Omit subsections (5) and (6).

8 In section 95 (persons for whom support may be provided), the heading
becomes “Support for asylum-seekers, etc”.

9 40After section 95 insert—

95A Support for failed asylum-seekers, etc who are unable to leave UK

(1) The Secretary of State may provide, or arrange for the provision of,
support for a person, for such period or periods as may be
prescribed, if—

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(a) the person is a failed asylum-seeker, or a dependant of a
failed asylum-seeker,

(b) an application for support under this section is made in
respect of the person which meets such requirements as may
5be prescribed,

(c) it appears to the Secretary of State that the person is destitute,
or is likely to become destitute within such period as may be
prescribed, and

(d) the person faces a genuine obstacle to leaving the United
10Kingdom.

(2) Subsections (3) to (8) of section 95 (meaning of “destitute”) apply for
the purposes of this section as they apply for the purposes of that
section.

(3) Regulations made by the Secretary of State may make provision for
15determining what is, or is not, to be regarded as a genuine obstacle
to leaving the United Kingdom for the purposes of this section.

(4) The Secretary of State may make regulations prescribing other
criteria to be used in determining—

(a) whether or not to provide support, or arrange for the
20provision of support, for a person under this section;

(b) whether or not to continue to provide support, or arrange for
the provision of support, for a person under this section.

(5) Regulations under subsection (4) may, in particular—

(a) provide for the provision of support (or the continuation of
25the provision of support) to be subject to conditions;

(b) provide for the provision of support (or the continuation of
the provision of support) to be a matter for the Secretary of
State’s discretion to a prescribed extent or in cases of a
prescribed description.

(6) 30A condition imposed by regulations under subsection (5)(a) may, in
particular, relate to any of the following—

(a) any matter relating to the use of the support provided;

(b) compliance with a restriction imposed under paragraph 21 of
Schedule 2 to the 1971 Act (temporary admission or release
35from detention) or paragraph 2 or 5 of Schedule 3 to that Act
(restriction pending deportation);

(c) the person’s performance of, or participation in, community
activities in accordance with arrangements made by the
Secretary of State.

(7) 40A copy of any conditions imposed by regulations under subsection
(5)(a) must be given to the supported person.

(8) For the purposes of subsection (6)(c)—

(a) “community activities” means activities that appear to the
Secretary of State to be beneficial to the public or a section of
45the public, and

(b) the Secretary of State may, in particular—

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(i) appoint one person to supervise or manage the
performance of, or participation in, activities by
another person;

(ii) enter into a contract (with a local authority or any
5other person) for the provision of services by way of
making arrangements for community activities in
accordance with this section;

(iii) pay, or arrange for the payment of, allowances to a
person performing or participating in community
10activities in accordance with arrangements under this
section.

(9) Regulations by virtue of subsection (6)(c) may, in particular, provide
for a condition requiring the performance of, or participation in,
community activities to apply to a person only if—

(a) 15accommodation is to be, or is being, provided for the person
under this section, and

(b) the Secretary of State has made arrangements for community
activities in an area that includes the place where the
accommodation is to be, or is being, provided.

(10) 20A local authority or other person may undertake to manage or
participate in arrangements for community activities in accordance
with this section.

(11) The powers conferred by Schedule 8 (supplementary regulation-
making powers) are exercisable with respect to the powers conferred
25by this section as they are exercisable with respect to the powers
conferred by section 95, but with the modification in subsection (12).

(12) Paragraph 9 of Schedule 8 (notice to quit) has effect with respect to
the powers conferred by this section as if sub-paragraph (2)(b) were
omitted.”

10 (1) 30Section 96 (ways in which support may be provided) is amended as follows.

(2) In subsection (1)—

(a) after “section 95” insert “or 95A”;

(b) in paragraph (c), for “the asylum-seeker” substitute “an asylum-
seeker”;

(c) 35in paragraph (d)—

(i) for “the asylum-seeker” substitute “an asylum-seeker”, and

(ii) after “dependants” insert “, or a failed asylum-seeker and his
dependants,”;

(d) in paragraph (e)—

(i) 40for “the asylum-seeker” substitute “an asylum-seeker”, and

(ii) after “dependants” insert “, or a failed asylum-seeker and his
dependants,”.

(3) After subsection (1) insert—

(1A) Support under section 95A may, in particular, be provided in the
45form of vouchers which may be exchanged for goods or services (as
well as in the form of cash).”

(4) In subsection (2), after “section 95” insert “or 95A”.

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11 (1) Section 97 (supplemental) is amended as follows.

(2) In subsection (1)—

(a) after “section 95” insert “or 95A”;

(b) after “regard to” insert “the following”;

(c) 5in paragraph (a), at the beginning insert “in the case of the provision
of accommodation under section 95,”.

(3) In subsections (4), (5) and (7), after “section 95” insert “or 95A”.

(4) After subsection (7) insert—

(8) A tenancy is not a Scottish secure tenancy (within the meaning of the
10Housing (Scotland) Act 2001 (asp 10)2001 (asp 10)) if it is granted in order to
provide accommodation under section 95A.

(9) A tenancy which would be a Scottish secure tenancy but for
subsection (8) becomes a Scottish secure tenancy if the landlord
notifies the tenant that it is to be regarded as such.”

12 15In section 98, the heading becomes “Temporary support for asylum-
seekers, etc
”.

13 After section 98 insert—

98A Temporary support for failed asylum-seekers, etc

(1) The Secretary of State may provide, or arrange for the provision of,
20support for persons within subsection (2) who it appears to the
Secretary of State—

(a) may be destitute, and

(b) may face a genuine obstacle to leaving the United Kingdom.

(2) The persons referred to in subsection (1) are—

(a) 25failed asylum-seekers, and

(b) dependants of failed asylum-seekers.

(a)(a)failed asylum-seekers, and

(b) dependants of failed asylum-seekers.

(3) Support may be provided under this section only until the Secretary
30of State is able to determine whether support may be provided under
section 95A.

(4) Subsections (3) to (12) of section 95A apply for the purposes of this
section as they apply for the purposes of that section.”

14 (1) Section 99 (provision of support by local authorities) is amended as follows.

(2) 35In subsection (1), for “or 98” substitute “95A, 98 or 98A”.

(3) In subsection (3)—

(a) after “section 95” insert “or 95A”;

(b) for “section 96(1) and (2)” substitute “section 96(1) to (2)”.

(4) In subsection (4), for “or 98” substitute “95A, 98 or 98A”.

15 40In section 100 (local authority and other assistance for Secretary of State), in
subsection (1), after “section 95” insert “or 95A”.

16 In section 101 (reception zones), in subsection (3), after “section 95” (in both
places where it occurs) insert “or 95A”.

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17 In section 112 (recovery of expenditure on support: misrepresentation etc),
in subsections (1)(b) and (3), for “section 95 or 98” substitute “section 95, 95A,
98 or 98A”.

18 In section 113 (recovery of expenditure on support from sponsor), in
5subsections (1)(b), (4) and (5)(a), after “section 95” insert “or 95A”.

19 (1) Section 114 (overpayments) is amended as follows.

(2) In subsection (1), for “section 95 or 98” substitute “section 95, 95A, 98 or
98A”.

(3) In subsection (4), for “section 95” substitute “section 95, 95A or 98A”.

20 10In section 118 (housing authority accommodation), in subsection (1)(b), for
“or 98” substitute “95A, 98 or 98A”.

21 (1) Section 122 (support for children) is amended as follows.

(2) In subsection (1), after “section 95” insert “or 95A”.

(3) In subsection (2), after “section 95” insert “or (as the case may be) 95A”.

(4) 15In subsections (3) and (4), after “section 95” insert “or 95A”.

(5) In subsection (5)—

(a) in paragraph (b)(i), after “section 95” insert “or 95A”, and

(b) in paragraph (b)(ii), after “section 95” insert “or (as the case may be)
95A”.

22 (1) 20Section 125 (entry of premises) is amended as follows.

(2) In subsection (1), for “section 95 or 98” substitute “section 95, 95A, 98 or
98A”.

(3) In subsection (2)—

(a) in paragraph (b), at the beginning insert “in the case of
25accommodation provided under section 95 or 98,”;

(b) after that paragraph insert—

(ba) in the case of accommodation provided under section
95A or 98A, the accommodation is being used for any
purpose other than the accommodation of the failed
30asylum-seeker or any dependant of his,”.

23 In section 127 (requirement to supply information about redirection of post),
in subsection (1)(c), after “asylum-seekers” insert “or failed asylum-seekers”.

24 In section 26A of the Immigration Act 1971 (registration card), in subsection
(1)(b), after sub-paragraph (i) insert—

(“ia) 35a claim for support under section 95A of the
Immigration and Asylum Act 1999 (whether or not
made by that person).”

25 (1) The Nationality, Immigration and Asylum Act 2002 is amended as follows.

(2) In section 18 (definition of asylum-seeker for purposes of Part 2), omit
40subsection (2).

(3) In section 26 (withdrawal of support), in subsection (3)—

(a) for “95 or 98” substitute “95, 95A, 98 or 98A”;