Vote Bundle Text (990422-06)

Amendments proposed to the Immigration and Asylum Bill - continued	House of Commons

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Sir Norman Fowler
Mr James Clappison
Mr John Greenway

271

Clause 46, page 29, line 26, at end insert 'or

(c) if the person was deported following a recommendation of a court after conviction for an offence or offences for which he received a sentence of imprisonment.'.

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

272

Clause 47, page 30, line 5, at end insert 'unless that decision was mandatory under immigration rules'.

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

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
Mr James Clappison
Mr John Greenway

275

Clause 47, page 30, line 18, leave out 'may' and insert 'must'.

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

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
Mr James Clappison
Mr John Greenway

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
Dr Vincent Cable

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
Dr Vincent Cable

537

*Clause 48, page 30, leave out line 23.

Mr Richard Allan
Dr Vincent Cable

117

Clause 48, page 30, line 28, after 'directions', insert—

'(a) if subsection (1)(a) or subsection (1)(c) applies to him; or

(b)'.

Mr Richard Allan
Dr Vincent Cable

118

Clause 48, page 30, line 30, after 'given', insert '; or

(c) if subsection (1)(b) applies to him on any of the grounds put forward by him pursuant to section 55 of this Act, provided that he has not already exercised any right of appeal which he may have had under this or any other section in this Part.'

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

277

Clause 48, page 30, line 32, leave out 'unless he is appealing under section 47 or 51 (4)'.

Mr Richard Allan
Dr Vincent Cable

119

Clause 48, page 30, line 32, after '47', insert 'or subsection (2)(c)'.'

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

278

Clause 49, page 30, leave out line 38.

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

279

Clause 49, page 31, leave out lines 1 to 12.

Mr Mike O'Brien

Clause 49, page 31, leave out line 13.

Mr Mike O'Brien

Clause 50, page 31, leave out line 27.

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

280

Clause 52, page 32, leave out lines 40 to 42.

Mr Richard Allan
Dr Vincent Cable

555

*Clause 54, page 33, leave out lines 11 to 14.

Mr Richard Allan
Dr Vincent Cable

556

*Clause 54, page 33, leave out lines 15 to 17.

Mr Richard Allan
Dr Vincent Cable

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
Dr Vincent Cable

120

Clause 55, page 33, line 23, leave out from 'applies' to end of line 24 and insert—

'(a) if directions are given for a person's removal from the United Kingdom under section 6 of this Act and he appeals to an adjudicator under section 48(2)(c), provided that he has not already exercised any right of appeal which he may have had under this or any other section in Part IV; and

(b) in such other circumstances as may be prescribed.'.

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

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
Dr Vincent Cable

552

*Clause 55, page 33, line 25, leave out 'relevant' and insert 'dependent'.

Mr Richard Allan
Dr Vincent Cable

121

Clause 55, page 33, line 39, at end insert—

'(d) if he claims that the decision to remove him under section 6 of this Act was not in accordance with the immigration rules or otherwise in accordance with the law, must include notice of the immigration rule applicable and any other ground relied upon.'.

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

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—

(a) within one month, serve on the applicant a statement setting out his response to the applicant's statement and, where the Secretary of State disputes the applicant's statement, give such particulars as he thinks fit; and

(b) when any proceedings come before the Immigration Appellate Authority as a result of the applicant exercising a right of appeal as outlined in paragraph (a) above, serve a copy of the statement required under that paragraph on the Immigration Appellate Authority.'.

Mr Richard Allan
Dr Vincent Cable

553

*Clause 55, page 33, leave out lines 40 and 41.

Mr Richard Allan
Dr Vincent Cable

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
Mr James Clappison
Mr John Greenway

283

Clause 56, page 34, leave out lines 30 and 31 and insert—

'(9) Subsection (2), (4), (6) or (8) does not apply

(a) if the Secretary of State considers that the applicant had a reasonable excuse for the omission or

(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
Mr James Clappison
Mr John Greenway

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
Mr James Clappison
Mr John Greenway

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
Mr James Clappison
Mr John Greenway

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
Mr James Clappison
Mr John Greenway

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'.