Immigration Bill (HL Bill 109)

(a) in sub-paragraph (1)—

(i) omit the words from “, unless” in the first place it appears to
“below,”, and

(ii) for the words from “unless” in the second place it appears to
5the end of the sub-paragraph substitute “unless—

(a) the court by which the recommendation is made
grants bail to the person, or

(b) the person is released on immigration bail under
Schedule 10 to the Immigration Act 2016.”,

(b) 10in sub-paragraph (1A) for the words from “direct” to the end of the
sub-paragraph substitute “release the person on bail without setting
aside the recommendation.”,

(c) in sub-paragraph (3) for the words from “unless” to the end of the
sub-paragraph substitute “unless he is released on immigration bail
15under Schedule 10 to the Immigration Act 2016.”, and

(d) for sub-paragraphs (4A) to (6) substitute—

“(5) The provisions of Schedule 10 to the Immigration Act 2016
that apply in relation to the grant of immigration bail by
the First-tier Tribunal apply in relation to the grant of bail
20by the court under sub-paragraph (1) or (1A).

(6) If the court grants bail to a person under sub-paragraph (1)
or (1A), Schedule 10 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
25Schedule.”

(3) Omit paragraphs 3 to 10.

Special Immigration Appeals Commission Act 1997 (c. 68)

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

22 30In section 3(1) (jurisdiction: bail) for “Schedule 2 to the Immigration Act
1971” substitute “Schedule 10 to the Immigration Act 2016”.

23 (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”
35substitute “Schedule 10 to the Immigration Act 2016”.

(3) In subsection (5) for “paragraphs 22 to 24 of Schedule 2 to the Immigration
Act 1971” substitute “Schedule 10 to the Immigration Act 2016”.

(4) In subsection (5A)—

(a) for “bail under paragraph 22 or 29 of Schedule 2 to the Immigration
40Act 1971” substitute “immigration bail under Schedule 10 to the
Immigration Act 2016”, and

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

24 For Schedule 3 substitute—

Section 3

“Schedule 3 Bail: Modifications of Schedule 10 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
5Special Immigration Appeals Commission”, and

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

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

(a) in sub-paragraphs (1)(a), (7) and (8) for “the First-tier
10Tribunal” there were substituted “the Special Immigration
Appeals Commission”, and

(b) in sub-paragraph (7) for “the Tribunal” there were
substituted “the Commission”.

3 Paragraph 3 (exercise of power to grant immigration bail) has
15effect as if—

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

(b) in sub-paragraph (5) for “the Tribunal” there were
20substituted “the Commission”.

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

5 Paragraph 5(5) (payment of sum under financial condition) has
25effect 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) in sub-paragraphs (3), (4), (6) and (7) for “the First-tier
Tribunal” there were substituted “the Special Immigration
30Appeals Commission”,

(b) in sub-paragraph (5) for “The First-tier Tribunal” there
were substituted “The Special Immigration Appeals
Commission,”, and

(c) in sub-paragraphs (3), (4) and (6) for “the Tribunal” there
35were substituted “the Commission”.

7 Paragraph 7(1)(a)(ii) (removal etc of electronic monitoring
condition: bail managed by Secretary of State) has effect as if—

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

(b) 40for “the Tribunal” there were substituted “the
Commission”.

8 Paragraph 8 (amendment etc of electronic monitoring condition:
bail managed by First-tier Tribunal) has effect as if—

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

(b) in sub-paragraph (1)(a) for “the Tribunal” there were
5substituted “the Commission”.

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

Immigration and Asylum Act 1999 (c. 33)

25 10The Immigration and Asylum Act 1999 is amended as follows.

26 In section 10(9) (removal of persons unlawfully in the United Kingdom:
application of Schedule 2 to the Immigration Act 1971) omit paragraphs (h)
and (i).

27 In section 53 (applications for bail in immigration cases) omit subsection (4).

28 15In section 95(9A) (support for asylum seekers etc: matters to which
conditions may relate) in paragraph (b) for the words from “restriction” to
the end of the paragraph substitute “condition imposed under Schedule 10
to the Immigration Act 2016 (immigration bail).”

29 (1) Section 141 (fingerprinting: persons temporarily admitted to the United
20Kingdom) is amended as follows.

(2) In subsection (7)(b) for “temporarily admitted under paragraph 21 of
Schedule 2 to the 1971 Act” substitute “granted immigration bail under
Schedule 10 to the Immigration Act 2016”.

(3) In subsection (8)(b) for “admit him temporarily” substitute “grant him bail”.

25Nationality, Immigration and Asylum Act 2002 (c. 41)

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

31 (1) Section 23 (power for residence restriction to include requirement to reside
at accommodation centre) is amended as follows.

(2) In subsection (1) for “restriction” substitute “condition”.

(3) 30For subsection (2) substitute—

“(2) In subsection (1) “residence condition” means a condition imposed
under Schedule 10 to the Immigration Act 2016.”

(4) In subsection (4) for “restriction” substitute “condition”.

32 In section 30 (conditions of residence at accommodation centres) in
35subsection (7) for the words from “restriction” to the end of the subsection
substitute “condition imposed under Schedule 10 to the Immigration Act
2016.”

33 (1) Section 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) 40Omit subsection (4).

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

35 (1) Section 70 (power for residence restriction to take account of induction
programmes for asylum seekers) is amended as follows.

(2) In subsection (1) for “restriction” in both places substitute “condition”.

(3) 5For subsection (2) substitute—

“(2) In subsection (1) “residence condition” means a condition imposed
under Schedule 10 to the Immigration Act 2016.”

(4) In subsection (5) for “restrictions” substitute “conditions”.

36 (1) Section 71 (asylum seeker: residence etc restriction) is amended as follows.

(2) 10In subsection (2)—

(a) for the words from “restriction” to “restrictions)” substitute
“condition which may be imposed under Schedule 10 to the
Immigration Act 2016”, and

(b) for “that Schedule” substitute “Schedule 2 to the Immigration Act
151971”.

(3) In subsection (3)—

(a) for “restriction” in each place substitute “condition”,

(b) for “paragraph 21 of that Schedule” substitute “Schedule 10 to the
Immigration Act 2016”, and

(c) 20for “that Schedule” substitute “Schedule 2 to the Immigration Act
1971”.

(4) In subsection (4) for “restriction” substitute “condition”.

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

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

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

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

(a) in the heading, for “Temporary admission, &c” substitute
30“Immigration bail”,

(b) for “paragraph 21(1) of Schedule 2 to the Immigration Act 1971 (c 77)
(temporary admission or release from detention)” substitute “a grant
of immigration bail to the person under Schedule 10 to the
Immigration Act 2016”, and

(c) 35in paragraph (b) for “paragraph 21(2)” substitute “that Schedule as a
condition of that person’s immigration bail”.

UK Borders Act 2007 (c. 30)

39 (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
40substitute “unless the person is granted immigration bail under Schedule 10
to the Immigration 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 10 to the Immigration Act 2016 that apply
in relation to the grant of immigration bail by the First-tier Tribunal
5apply in relation to the grant of bail by the court under subsection (3).

(3B) If the court grants bail to a person under subsection (3), Schedule 10
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) 10In subsection (4) omit “(including provisions about bail)”.

(6) Omit subsection (5).

Criminal Justice and Immigration Act 2008 (c. 4)

40 The Criminal Justice and Immigration Act 2008 is amended as follows.

41 In section 132(4) (special immigration status: effect of designation) in
15paragraph (b) for the words from “temporary admission” to the end of the
paragraph substitute “immigration bail under Schedule 10 to the
Immigration Act 2016.”

42 In section 133 (special immigration status: conditions) for subsections (3)
and (4) substitute—

“(3) 20If a condition is imposed under this section on a designated person,
the person imposing the condition may also impose an electronic
monitoring condition within the meaning of Schedule 10 to the
Immigration Act 2016 on the designated person.

(3A) Paragraph 4 (electronic monitoring conditions) of that Schedule
25applies in relation to a condition imposed under subsection (3) as it
applies to an electronic monitoring condition imposed under that
Schedule.

(4) Paragraph 9(4) and (5) (bail conditions: travelling expenses) of that
Schedule applies in relation to conditions imposed under subsection
30(2)(c) as it applies to conditions imposed under that Schedule.”

Section 68

SCHEDULE 11 Support for certain categories of migrant

Part 1 Amendments of the Immigration Acts

35Abolition 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) in 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
5Ireland) Order 1983 (S.I. 1983/1118 (N.I. 15)S.I. 1983/1118 (N.I. 15));

(iii) section 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) 10paragraph 12A(1) of Schedule 1 to the Housing Act 1988;

(c) in 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) 15in subsections (6) and (7), for “section 4 or 95” substitute
“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) 20in section 23, omit subsection (5),

(ii) in 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) 25in the Asylum and Immigration (Treatment of Claimants, etc.) Act
2004, omit section 10;

(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) 30in section 17, in subsection (1)(a), omit “(and section 4)”, and

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

(k) in section 134 of the Criminal Justice and Immigration Act 2008, omit
subsection (5);

(l) in Schedule 1 to the Legal Aid, Sentencing and Punishment of
35Offenders Act 2012, in paragraph 31(1)(a), omit “4 or” and “persons
temporarily admitted and”;

(m) in paragraph 8 of Schedule 3 to the Immigration Act 2014, omit
paragraph (a).

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

3 (1) 40Section 94 of the Immigration and Asylum Act 1999 (interpretation of Part 6)
is amended as follows.

(2) In subsection (1)—

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

• “““asylum-seeker” means a person falling within
  45subsection (2A) or (2B) (but see also subsection
  (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) after the definition of “Northern Ireland authority” insert—

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

(3) After subsection (2) insert—

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

(a) 10the 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) has not been determined.

(2B) 15A 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) the person’s submissions—

(i) 20have 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) the person makes submissions to the Secretary of State that
25the 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) the submissions fall to be considered by the Secretary of State
30under paragraph 353 of the immigration rules.”

(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) 35at 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
40Secretary 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) 45If—

(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,

5the 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) 10ending 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) 15In 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) 20in 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) 25in 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
30claim”;

(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 35Part 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) 40in 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) 45for the definition of “supported person” substitute—

• “““supported person” means—

  Immigration BillPage 179

  (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
  whom support is provided under that section,
  5and

  (b)

  in relation to support under section 95A, a
  failed asylum-seeker, or a dependant of a
  failed asylum-seeker, who has applied for
  support and for whom support is provided
  10under 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) the person is at least 18 years old,

(b) 15the 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) the person’s protection claim has been rejected, and

(d) 20the 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 After section 95 insert—

“95A 25Support 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—

(a) the person is a failed asylum-seeker, or a dependant of a
30failed asylum-seeker,

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

(c) it appears to the Secretary of State that the person is destitute,
35or is likely to become destitute within such period as may be
prescribed, and

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

(2) Subsections (3) to (8) of section 95 (meaning of “destitute”) apply for
40the 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
determining what is, or is not, to be regarded as a genuine obstacle
to leaving the United Kingdom for the purposes of this section.

(4) 45The 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
provision 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) 5Regulations under subsection (4) may, in particular—

(a) provide for the provision of support (or the continuation of
the 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
10State’s discretion to a prescribed extent or in cases of a
prescribed description.

(6) A 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) 15compliance with a condition imposed under Schedule 10 to
the Immigration Act 2016 (immigration bail);

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

(7) 20A 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
25the public, and

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

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

(ii) 30enter into a contract (with a local authority or any
other 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
35person performing or participating in community
activities 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,
40community activities to apply to a person only if—

(a) accommodation 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
45accommodation is to be, or is being, provided.

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