S.S.C.
NOTICES OF AMENDMENTS
given up to and including
Tuesday 27th 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
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.'.
Mr Mike O'Brien
577
Clause 47, page 30, line 2, leave out 'immigration officer or the Secretary of State' and insert 'authority'.
Mr Mike O'Brien
578
Clause 47, page 30, line 3, after 'decision' insert 'under the Immigration Acts'.
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.'.
Mr Richard Allan
Dr Vincent Cable
633
Clause 47, page 30, line 5, at end insert—
'( ) If evidence which could materially affect that decision is produced to the adjudicator, but has not been produced to the immigration officer or the Secretary of State, the adjudicator may refer such evidence to him for reconsideration of his decision before proceeding with the appeal.'.
Mr Mike O'Brien
579
Clause 47, page 30, line 6, leave out 'section, a person' and insert 'Part, an authority'.
Mr Mike O'Brien
580
Clause 47, page 30, line 6, leave out 'another's' and insert 'a person's'.
Mr Mike O'Brien
581
Clause 47, page 30, line 11, leave out 'immigration officer or the Secretary of State' and insert 'authority'.
Mr Mike O'Brien
582
Clause 47, page 30, line 12, after 'decision' insert 'under the Immigration Acts'.
Mr Mike O'Brien
583
Clause 47, page 30, line 16, leave out 'immigration officer concerned or the Secretary of State' and insert 'authority concerned'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
275
Clause 47, page 30, line 18, leave out 'may' and insert 'must'.
Mr Mike O'Brien
584
Clause 47, page 30, line 18, at end add—
'( ) "Authority" means—
(a) the Secretary of State;
(b) an immigration officer;
(c) a person responsible for the grant or refusal of entry clearance.'.
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.'.
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
634
Clause 47, page 30, line 18, at end add—
'( ) A person who alleges that an entry clearance officer has, in taking a decision relating to an application for entry clearance, acted in breach of his human rights may become a party to any appeal to an adjudicator or the Tribunal against that decision and the appeal may be allowed on that ground.'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
657
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 and such other persons as the Secretary of State considers require such training.'.
Mr Mike O'Brien
585
Clause 48, page 30, line 20, leave out 'under this Act'.
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
Mr Mike O'Brien
586
Clause 48, page 30, line 29, leave out first 'in' and insert 'on'.
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.
Mr Mike O'Brien
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
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
588
Clause 50, page 31, line 21, leave out '49' and insert '45'.
Mr Mike O'Brien
589
Clause 50, page 31, line 26, at end insert—
'( ) A person who claims that he ought to be removed to a country other than one he has objected to on an appeal under sections 41, 45 or 49 must produce evidence, if he is not a national or citizen of that other country, that that country will admit him.'.
Mr Mike O'Brien
54
Clause 50, page 31, leave out line 27.
Mr Mike O'Brien
590
Clause 51, page 31, leave out lines 33 to 37 and insert—
'(2) If, as a result of a decision to vary, or to refuse to vary, a person's limited leave to enter or remain in the United Kingdom, he may be required to leave the United Kingdom within twenty-eight days of being notified of the decision, he may appeal against the decision on the ground that such a requirement would be contrary to the Convention.'.
Mr Mike O'Brien
591
Clause 51, page 31, line 37, at end insert—
'(2A) A person who—
(a) has been refused leave to enter or remain in the United Kingdom on the basis of a claim for asylum made by him, but
(b) has been granted (whether before or after the decision to refuse leave) limited leave to enter or remain,
may, if that limited leave will not expire within twenty-eight days of his being notified of the decision, appeal to a special adjudicator against the refusal on the ground that requiring him to leave the United Kingdom after the time limited by that leave would be contrary to the Convention.'.
Mr Mike O'Brien
592
Clause 51, page 31, line 40, leave out '3(5)' and insert '5(1)'.
Mr Mike O'Brien
593
Clause 51, page 31, line 41, leave out from 'revoke' to end of line 42 and insert 'such an order,'.
Mr Mike O'Brien
594
Clause 51, page 32, line 8, leave out from 'under' to end of line 10 and insert 'the Refugee Convention'.
