Amendments proposed to the Immigration and Asylum Bill - continued | House of Commons |
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Sir Norman Fowler 271 Clause 46, page 29, line 26, at end insert 'or
Sir Norman Fowler 272 Clause 47, page 30, line 5, at end insert 'unless that decision was mandatory under immigration rules'.
Sir Norman Fowler 273 Clause 47, page 30, line 5, at end insert'(1A) An appeal under subsection (1) above does not entitle a person to remain in the United Kingdom when they are not otherwise entitled to do so.'.
Sir Norman Fowler 275 Clause 47, page 30, line 18, leave out 'may' and insert 'must'.
Sir Norman Fowler 274 Clause 47, page 30, line 18, at end add'(6) An immigration officer or the Secretary of State may appeal to the High Court or the Court of Session against a decision by an adjudicator or the Tribunal to allow an appeal under subsection 5 above.'.
Sir Norman Fowler 276 Clause 47, page 30, line 18, at end add'(6) This section shall not come into force unless the Secretary of State has laid before each House of Parliament a report setting out details of the human rights training given to immigration officers, the Immigration Appellate Authority and such other persons as the Secretary of State considers require such training.'.
Mr Richard Allan 536 *Clause 47, page 30, line 18, at end add'( ) Section 6 of this Act shall not come into force until the day on which this section comes into force.'.
Mr Richard Allan 537 *Clause 48, page 30, leave out line 23.
Mr Richard Allan 117 Clause 48, page 30, line 28, after 'directions', insert
Mr Richard Allan 118 Clause 48, page 30, line 30, after 'given', insert '; or
Sir Norman Fowler 277 Clause 48, page 30, line 32, leave out 'unless he is appealing under section 47 or 51 (4)'.
Mr Richard Allan 119 Clause 48, page 30, line 32, after '47', insert 'or subsection (2)(c)'.'
Sir Norman Fowler 278 Clause 49, page 30, leave out line 38.
Sir Norman Fowler 279 Clause 49, page 31, leave out lines 1 to 12.
Mr Mike O'Brien 53 Clause 49, page 31, leave out line 13.
Mr Mike O'Brien 54 Clause 50, page 31, leave out line 27.
Sir Norman Fowler 280 Clause 52, page 32, leave out lines 40 to 42.
Mr Richard Allan 555 *Clause 54, page 33, leave out lines 11 to 14.
Mr Richard Allan 556 *Clause 54, page 33, leave out lines 15 to 17.
Mr Richard Allan 538 *Clause 55, page 33, leave out lines 19 to 22 and insert'(1) This section applies if the Secretary of State is minded to refuse an application for leave to enter or remain in the United Kingdom and the applicant would have a right of appeal under this Act against such a refusal.'.
Mr Richard Allan 120 Clause 55, page 33, line 23, leave out from 'applies' to end of line 24 and insert
Sir Norman Fowler 281 Clause 55, page 33, leave out lines 25 to 28 and insert'(3) The Secretary of State must serve on the applicant and on any dependent member of his family a notice requiring the recipient of the notice to state if he wishes to rely on any of the grounds specified in subsections (5)(a), (b) or (c) below.'.
Mr Richard Allan 552 *Clause 55, page 33, line 25, leave out 'relevant' and insert 'dependent'.
Mr Richard Allan 121 Clause 55, page 33, line 39, at end insert
Sir Norman Fowler 282 Clause 55, page 33, line 39, at end insert'(5A) When an applicant serves a statement on the Secretary of State under subsection (4) above stating that he wishes to make a claim for asylum, give notice of intention to appeal or claim that he is entitled to the benefit of a concession as outlined under subsection (5) above the Secretary of State must
Mr Richard Allan 553 *Clause 55, page 33, leave out lines 40 and 41.
Mr Richard Allan 122 Clause 55, page 34, line 2, at end insert'(8) The Secretary of State shall, in any statement of the rules provided for under section 3(2) of the 1971 Act, include rules setting out the relevant factors which the Secretary of State must take into account before deciding to exercise his discretion to remove a person and any family member of that person under section 6 of this Act.'.
Sir Norman Fowler 283 Clause 56, page 34, leave out lines 30 and 31 and insert'(9) Subsection (2), (4), (6) or (8) does not apply
(b) if at the hearing of any appeal the adjudicator, special adjudicator or tribunal (as the case may be) considers that the applicant had a reasonable excuse for the omission.'.
Sir Norman Fowler 284 Clause 56, page 34, line 32, at end insert'(11) Subsection (9) above shall not apply where the adjudicator, special adjudicator or tribunal (as the case may be) considers that an appellant's human rights have been breached or where any removal would be a breach of the Refugee Convention.'.
Sir Norman Fowler 285 Clause 57, page 34, line 41, at end insert 'but the special adjudicator must inform the appellant of any additional grounds he is considering.'.
Sir Norman Fowler 286 Clause 57, page 35, line 1, at end insert 'and may allow the appeal on any of the additional grounds raised'.
Sir Norman Fowler 287 Clause 58, page 35, line 15, at end insert 'unless the grounds arise out of a claim for asylum or an appeal under section 47 which has been certified by the Secretary of State under subsection (4) or subsection (6) of section 56 above'.
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©Parliamentary copyright 1998 | Prepared 22 Apr 1999 |