| Amendments proposed to the Immigration and Asylum Bill - continued | House of Commons |
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Sir Norman Fowler 660 Schedule 2, page 87, line 13, at end insert—'(3A) A person is qualified for appointment if the Lord Chancellor considers that he is a person of appropriate professional or academic standing.'.
Sir Norman Fowler 661 Schedule 2, page 87, line 28, leave out '70' and insert '65'.
Sir Norman Fowler 662 Schedule 2, page 87, leave out lines 29 to 31.
Mr Richard Allan 541 Schedule 2, page 88, leave out line 1 and insert—'( ) Subject to rules of procedure made by the Lord Chancellor under Schedule 4 of this Act, the Tribunal shall be deemed to be duly constituted if it consists of three members (or a greater uneven number of members); and the determination of any question before the Tribunal shall be according to the opinion of the majority of the members hearing the case.'.
Sir Norman Fowler 295 Schedule 2, page 88, leave out line 1.
Mr Richard Allan 546 Schedule 2, page 88, line 2, leave out 'But the President may direct that' and insert 'Rules of procedure made by the Lord Chancellor under schedule 4 of this Act may provide that'.
Sir Norman Fowler 296 Schedule 2, page 88, line 3, leave out 'case or'.
Sir Norman Fowler 297 Schedule 2, page 88, line 3, after 'such', insert 'uneven'.
Sir Norman Fowler 663 Schedule 2, page 88, line 7, at end insert—'(6A) Save with the consent of the appellant, no appeal may be determined unless the appellant has had the opportunity to give evidence in person.'.
Mr Mike O'Brien 559 Clause 39, page 26, line 14, at end insert 'may determine'.
Sir Norman Fowler 263 Clause 39, page 26, line 14, at end insert 'sees fit'.
Mr Richard Allan 632 Clause 39, page 26, line 14, at end insert 'shall after consultation with the Advocate General for Scotland determine'.
Mr David Maclean 636 Clause 39, page 26, line 22, at end add—'(6) The Lord Chancellor must consult such organisations as appear to him to be representative of those concerned with the protection of human rights regarding the operation of the Immigration Appellate Authority.'.
Sir Norman Fowler 655 Clause 39, page 26, line 22, at end add—'(6) The Lord Chancellor shall as soon as practicable after the end of 1999 and as soon as practicable after the end of each year thereafter lay before each House of Parliament a report setting out details of—
Sir Norman Fowler 664 Schedule 3, page 88, line 21, at end add 'but no adjudicator may serve more than 15 years in office unless the Lord Chancellor considers there are compelling reasons for allowing him to serve more than 15 years'.
Sir Norman Fowler 665 Schedule 3, page 88, line 24, leave out '70' and insert '65'.
Sir Norman Fowler 298 Schedule 3, page 88, line 24, at end insert—'(1A) A person is qualified for appointment only if—
Mr Richard Allan 551 Schedule 3, page 88, line 24, at end insert—'( ) No person shall be qualified under this paragraph for appointment as an adjudicator unless he has suitable professional experience in the field of immigration or asylum or human rights.'.
Sir Norman Fowler 666 Schedule 3, page 88, leave out lines 25 to 27.
Mr Mike O'Brien 560 Clause 40, page 26, line 28, at end insert—'( ) Part IA of Schedule 4 makes provision as to the effect of appeals.'.
Mr Mike O'Brien 561 Clause 40, page 26, line 31, at end insert—'(4) For the purposes of the Immigration Acts, an appeal under this Part is to be treated as pending during the period beginning when notice of appeal is given and ending when the appeal is finally determined, withdrawn or abandoned. (5) An appeal is not to be treated as finally determined while a further appeal may be brought under paragraph 11 or 12 of Schedule 4. (6) If such a further appeal is brought, the original appeal is not to be treated as finally determined until the further appeal is determined, withdrawn or abandoned. (7) A pending appeal under this Part is to be treated as abandoned if the appellant leaves the United Kingdom. (8) A pending appeal under any provision of this Part other than section 51(2A) is to be treated as abandoned if the appellant is granted leave to enter or remain in the United Kingdom. (9) A pending appeal under section (Variation of limited leave to enter or remain) is to be treated as abandoned if a deportation order is made against the appellant.'.
Mr Mike O'Brien 606 Schedule 4, page 89, line 12, leave out from beginning to end of line 24.
Sir Norman Fowler 299 Schedule 4, page 89, line 13, leave out '41(5) or'.
Mr Mike O'Brien 66 Schedule 4, page 89, line 33, leave out 'or territory'.
Mr Mike O'Brien 607 Schedule 4, page 89, line 45, at end insert—
'Service of notices . If notice of a decision which may be appealed under Part IV is sent by first class post, addressed to the last known address of the person to whom the decision relates, it is to be taken to have been received by that person on the second day after the day on which it was posted.'.
Mr Richard Allan 543 Schedule 4, page 90, leave out lines 12 to 16.
Sir Norman Fowler 300 Schedule 4, page 90, line 14, after 'failure', insert 'without reasonable excuse'.
Sir Norman Fowler 301 Schedule 4, page 90, line 16, at end insert 'but an adjudicator or the Tribunal may only so dismiss where he or it is satisfied that to do so would not result in a breach of one of the parties human rights or a breach of the 1951 Convention'.
Mr Mike O'Brien 608 Schedule 4, page 90, line 16, at end insert—
Sir Norman Fowler 302 Schedule 4, page 90, line 19, leave out from 'Tribunal' to end of line 20.
Sir Norman Fowler 306 Schedule 4, page 90, line 21, leave out 'Tribunal' and insert 'appellate authority'.
Sir Norman Fowler 307 Schedule 4, page 90, line 22, leave out 'Tribunal' and insert 'appellate authority'.
Sir Norman Fowler 303 Schedule 4, page 90, leave out lines 28 and 29.
Mr Richard Allan 539 Schedule 4, page 90, line 28, after 'appellant', insert 'and any person on whom the Secretary of State has served a notice under Section 55(3)'.
Mr Richard Allan 545 Schedule 4, page 91, line 33, at end insert 'on any point relating to the Convention'.
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| ©Parliamentary copyright 1998 | Prepared 27 Apr 1999 |