Amendments proposed to the Immigration and Asylum Bill - continued	House of Commons
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Mr Richard Allan
Dr Vincent Cable

544

Schedule     4,     page     91,     leave out lines 34 to 39.

   

Mr Mike O'Brien

67

Schedule     4,     page     92,     line     12,     leave out 'or territory'.

   

Mr Mike O'Brien

609

Schedule     4,     page     92,     line     18,     at end insert—

'Part IA

Effect of Appeals

Stay on directions for removal

    9A. If a person in the United Kingdom appeals under sections 41 or 51(1) on being refused leave to enter, any directions previously given by virtue of the refusal for his removal from the United Kingdom cease to have effect, except in so far as they have already been carried out, and no directions may be so given while the appeal is pending.

    9B. If a person in the United Kingdom appeals under sections 48, 49 or 51(4) against any directions given under Part I of Schedule 2 or Schedule 3 to the 1971 Act for his removal from the United Kingdom, those directions except in so far as they have already been carried out, are to have no effect while the appeal is pending.

    9C. But the provisions of Part I of Schedule 2 or, as the case may be, Schedule 3 to the 1971 Act with respect to detention and persons liable to detention apply to a person appealing under sections 45, 48, 49 or 51(1) or (4), as if there were in force directions for his removal from the United Kingdom, except that he may not be detained on board a ship or aircraft so as to compel him to leave the United Kingdom while the appeal is pending.

    9D. In calculating the period of two months limited by paragraph 8(2) of Schedule 2 to the 1971 Act for—

(a) the giving of directions under that paragraph for the removal of a person from the United Kingdom, and

(b) the giving of a notice of intention to give such directions,

    any period during which there is pending an appeal by him under sections 41, 49 or 51(1) of this Act is to be disregarded.

    9E. For the purposes of paragraphs 9A to 9C (but not for purposes of paragraph 9D), except in so far as those paragraphs apply to appeals under section 51, where an appeal to an adjudicator is dismissed, an appeal is not to be regarded as pending unless immediately after the dismissal—

(a) the appellant gives notice of appeal against the determination of the adjudicator; or

(b) in a case in which leave to appeal against that determination is required and the adjudicator has power to grant leave, the appellant applies for and obtains the leave of the adjudicator.

    9F. If directions are given under Part I of Schedule 2 or Schedule 3 to the 1971 Act for a person's removal from the United Kingdom, and directions are also so given for the removal with him of persons belonging to his family, then if any of them appeals under sections 41, 45, 48, 49 or 51(1) or (4), the appeal is to have the same effect under paragraphs 9A to 9E in relation to the directions given in respect of each of the others as it has in relation to the directions given in respect of the appellant.

Suspension of variation of limited leave

    9G. A variation is not to take effect while an appeal against the variation is pending under section (Variation of limited leave to enter or remain)(1) or 51(2).

Continuation of leave

    9H.—(1) While an appeal under section (Variation of limited leave to enter or remain) or 51(2) is pending, the leave to which the appeal relates, and any conditions subject to which it was granted continues to have effect.

    (2) A person may not make an application for a variation of his leave to enter or remain while that leave is treated as continuing to have effect as a result of sub-paragraph (1).

    (3) For the purposes of section (Variation limited leave to enter or remain) or 51(2), in calculating whether, as a result of a decision, a person may be required to leave the United Kingdom within twenty-eight days, a continuation of leave under this paragraph is to be disregarded.

Deportation orders

    9I. A deportation order is not to be made against a person under section 5 of the 1971 Act while an appeal duly brought under sections 45(1)(a) or 51(3)(a) against the decision to make it is pending.

    9J. In calculating the period of eight weeks set by section 5(3) of the 1971 Act for making a deportation order against a person as belonging to the family of another person, there is to be disregarded any period during which an appeal under sections 45(1)(a) or 51(3)(a) against the decision to make the order is pending.

Appeals under section 47

    9K. A person is not to be required to leave, or be removed from the United Kingdom, if an appeal under section 47 is pending against the decision on which that requirement or removal would otherwise be based.'.

   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

304

Schedule     4,     page     92,     line     34,     after 'fact', insert 'in issue'.

   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

305

Schedule     4,     page     92,     line     44,     at end insert—

    'and it shall be the duty of the Secretary of State and any officer to whom directions are given to comply with them'.

   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

308

Schedule     4,     page     92,     line     44,     at end insert—

    '(5A) It shall be the duty of the Secretary of State and any officer to whom directions are given under subparagraph (5) above to comply with them'.

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Mr Mike O'Brien

562

Clause     41,     page     26,     line     39,     at end insert—

    '(3) Subsection (4) applies if a person appeals under this section on being refused leave to enter the United Kingdom and—

(a) before he appeals, directions have been given for his removal from the United Kingdom; or

(b) before or after he appeals, the Secretary of State or an immigration officer serves on him notice that any directions which may be given for his removal as a result of the refusal will be for his removal to a country or one of several countries specified in the notice.

    (4) The appellant may—

(a) object to the country to which he would be removed in accordance with the directions, or

(b) object to the country specified in the notice (or to one or more of those specified),

    and claim that he ought to be removed (if at all) to a different country specified by him.'.

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Mr Mike O'Brien

563

Clause     42,     page     27,     line     8,     at end insert—

    '( ) Section 41 does not entitle a person to appeal, on the ground that he does not require leave to enter the United Kingdom, against a decision that he does require such leave if he is required by immigration rules or an order under section 8(2) of the 1971 Act to hold a specified document but does not do so.'.

   

Mr Mike O'Brien

564

Clause     42,     page     27,     line     32,     after 'against' insert 'a refusal of leave to enter, or against'.

   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

264

Clause     42,     page     28,     leave out line 5 and insert—

    '(9) The Secretary of State must prescribe by order the meaning of family visitor for the purposes of this section.

    '(9A) No order is to be made under subsection (9) above unless a draft of the order has been laid before Parliament and approved by a resolution of each House.'.

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Sir Norman Fowler
Mr James Clappison
Mr John Greenway

265

Clause     43,     page     28,     leave out lines 9 to 15 and insert 'decision of the Secretary of State to vary, or to refuse to vary or extend his leave.

    (2) The Secretary of State must by order provide that if a person with a limited leave applies for a variation or extension of his leave, that leave continues until such time as the application has been decided and if has been refused, for a period of 28 days thereafter.'.

   

Mr Mike O'Brien

565

Page     28,     line     7,     leave out Clause 43.

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Mr Mike O'Brien

566

Clause     44,     page     28,     line     16,     leave out '43' and insert '(Variation of limited leave to enter or remain)'.

   

Mr Mike O'Brien

567

Clause     44,     page     28,     line     16,     after 'person' insert 'or a person whose dependant he is'.

   

Mr Mike O'Brien

568

Clause     44,     page     28,     line     17,     leave out 'grant further' and insert 'vary'.

   

Mr Mike O'Brien

569

Clause     44,     page     28,     line     20,     leave out 'or a person whose dependant he is'.

   

Mr Mike O'Brien

570

Clause     44,     page     28,     line     30,     leave out '43' and insert '(Variation of limited leave to enter or remain)'.

   

Mr Mike O'Brien

571

Clause     44,     page     28,     line     30,     leave out 'grant further ' and insert 'vary'.

   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

268

Clause     44,     page     28,     line     31,     leave out 'either' and insert 'any'.

   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

266

Clause     44,     page     28,     line     36,     leave out 'or for other reasons of a political nature'.

Prepared 27 Apr 1999