S.S.C.
NOTICES OF AMENDMENTS
given up to and including
Thursday 15th April 1999
New Amendments handed in are marked thus *
SPECIAL STANDING COMMITTEE
IMMIGRATION AND ASYLUM BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [13th April], as follows:—
Clauses 1 to 27; Schedule 1; Clauses 28 to 38; Schedule 2; Clause 39; Schedule 3; Clause 40; Schedule 4; Clauses 41 to 62; Schedule 5; Clauses 63 and 64; Schedule 6; Clauses 65 and 66; Schedule 7; Clauses 67 to 83; Schedule 8; Clauses 84 to 125; Schedule 9; Clause 126; Schedule 10; Clause 127; Schedule 11; Clauses 128 to 138; Schedules 12 to 14; new Clauses; new Schedules.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
82
Clause 7, page 5, line 11, leave out 'In such circumstances as may be specified'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
Mr Richard Allan
Dr Vincent Cable
87
Clause 7, page 5, line 13, after first 'clearance', insert 'as a visitor'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
124
Clause 7, page 5, line 13, at end insert—'in the following circumstances—
(a) where the Secretary of State has reasonable grounds for believing that the applicant, if given leave to enter the United Kingdom for a limited period, would not leave the United Kingdom at the end of that period; or
(b) where the applicant has been convicted by a court of any offence involving dishonesty.'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
129
Clause 7, page 5, leave out lines 14 to 17 and insert—
'(2) Where application for entry clearance has been made as a family visitor—
(a) the Secretary of State, before that application has been decided, may accept security with respect to a person who has applied for entry clearance in that capacity; and'.
Mr Peter Bottomley
136
Clause 7, page 5, line 27, at end insert—
'( ) In determining the amount of security to be required or accepted under this section, the Secretary of State shall have regard to the means of the person who will provide such security.'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
Mr Richard Allan
Dr Vincent Cable
83
Clause 7, page 5, line 31, at end insert—
'(4A) The Secretary of State shall not realise the security, and shall repay any security deposited, if the applicant is recognised as a refugee or is granted exceptional leave or leave to remain under the immigration rules.'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
Mr Richard Allan
Dr Vincent Cable
88
Clause 7, page 5, line 31, at end insert—
'(4B) No security under this section may be realised of an applicant seeking to visit a family member who has been recognised as a refugee or granted exceptional leave to remain on asylum grounds in the United Kingdom.'.
Mr Richard Allan
Dr Vincent Cable
145
Clause 7, page 5, line 32, at end insert—
'(4A) No security under this section may be required of an applicant seeking to visit to attend the graduation ceremony of a family member at a recognised institution of higher or further education.'.
Mr Richard Allan
Dr Vincent Cable
146
Clause 7, page 5, line 35, at end insert—
'(5A) Where an application for entry clearance as a family visitor has been refused and the grounds for refusal include a statement that no, or insufficient, financial security was provided, those grounds may be challenged on appeal to an adjudicator or the Tribunal.'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
84
Clause 7, page 5, leave out line 44.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
85
Clause 7, page 5, line 44, at end insert 'Provided that such security may not be more than 10 per cent. of the income declared by the sponsor in supporting a visit if required from the sponsor, or of the visitor's income as declared to the British post, if required from the visitor.'.
Mr Richard Allan
Dr Vincent Cable
149
Clause 7, page 5, line 44, at end insert 'provided that such security may not be more that 10 per cent. of the income declared by the sponsor, or of the visitor's income declared by the sponsor in supporting a visit if required from the sponsor, or of the visitor's income as declared to the British post, if required from the visitor.'.
Mr Peter Bottomley
137
Clause 7, page 5, line 44, at end insert—
'( ) This section shall not apply to those granted leave to enter or remain in the United Kingdom as students or otherwise under Part 3 of the Statement of Changes in Immigration Rules (HC 395) as amended or to family members seeking to visit them.'.
Mr Mike O'Brien
10
Clause 7, page 6, line 1, leave out from beginning to end of line 2.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
89
Clause 7, page 6, line 5, at end add 'after the deduction of any expenses incurred by, and refunded to, other parties as a result of Directions given under Schedule 2, paragraphs 8, 9 or 19 of the 1971 Act, in connection with removal, custody, accommodation or maintenance of the person in respect of whom the security is provided.'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
86
Clause 7, page 6, line 5, at end add—
'(9A) The Secretary of State shall lay a report before both Houses of Parliament each year giving details of the provision of financial security under this section, including details of the nationalities of the persons in respect of whom security has been required and the amounts required.'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
130
Clause 8, page 6, leave out lines 9 and 10 and insert 'for further leave to remain in the United Kingdom'.
Mr Richard Allan
Dr Vincent Cable
148
Clause 8, page 6, line 13, at end insert 'provided that such security may not be more than 10 per cent. of the income declared by the sponsor, or of the visitor's income declared by the sponsor in supporting a visit if required from the sponsor, or of the visitor's income as declared to the British post, if required from the visitor.'.
Mr Richard Allan
Dr Vincent Cable
147
Clause 8, page 6, line 17, at end insert—
'(3A) Where an application made under subsection (1) has been refused, and the grounds of refusal include a statement that no, or insufficient, financial security was provided, those grounds may be challenged on an appeal to the adjudicator or the tribunal.'.
Mr Richard Allan
Dr Vincent Cable
150
Clause 8, page 6, line 17, at end insert—
'(3A) The Secretary of State will not realise the security, and will repay any security deposited, if the applicant is recognised as a refugee or is granted exceptional leave to remain under the immigration rules.'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
90
Clause 8, page 6, line 25, at end add 'after the deduction of any expenses incurred by, and refunded to, other parties as a result of Directions given under Schedule 2 paragraphs 8, 9 or 19 of the 1971 Act, in connection with removal, custody, accommodation or maintenance of the person in respect of whom the security is provided.'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
94
Clause 9, page 6, line 29, after 'to', insert 'trains,'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
95
Clause 9, page 6, line 34, after 'a', insert 'train,'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
91
Clause 9, page 6, line 35, at end insert 'unless the carrier can show that he has reasonable grounds for not doing so.'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
96
Clause 9, page 6, line 37, after 'a', insert 'particular train,'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
97
Clause 9, page 6, line 38, after 'particular', insert 'trains,'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
98
Clause 9, page 6, line 39, after 'carrier's', insert 'trains,'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
99
Clause 9, page 6, line 41, after 'the', insert 'train,'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
100
Clause 9, page 7, line 1, after 'that', insert 'train,'.
