Vote Bundle Text (990427-08)

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

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Mr Mike O'Brien

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'.

Mr Mike O'Brien

595

Clause 52, page 32, line 12, leave out 'or against a refusal of an entry clearance'.

Mr Mike O'Brien

596

Clause 52, page 32, line 18, leave out 'or entry clearance'.

Mr Mike O'Brien

597

Clause 52, page 32, line 30, at end insert—

'(3A) Section 51(2A) does not entitle a person to appeal against a refusal mentioned in paragraph (a) of that subsection if—

(a) the reason for the refusal was that he was a person to whom the Refugee Convention did not apply by reason of Article 1(F) of that Convention; and

(b) the Secretary of State has certified that the disclosure of material on which the refusal was based is not in the interests of national security.'.

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

280

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

Mr Mike O'Brien

598

Clause 52, page 32, line 40, leave out 'those grounds' and insert 'the grounds mentioned in subsections (1) to (4) of section 51—

(a)''.

Mr Mike O'Brien

599

Clause 52, page 32, line 42, at end insert '; or

(b) otherwise than under that section.'.

Mr Mike O'Brien

600

Clause 54, page 33, line 9, leave out from beginning to end of line 10.

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 Mike O'Brien

601

Clause 54, page 33, line 16, leave out 'or territory'.

Mr Mike O'Brien

602

Clause 54, page 33, line 17, at end insert—

'( ) No appeal under this Part may be made in relation to a decision made on an application if—

(a) the application was required to be made in a prescribed form but was not made in that form; or

(b) the applicant was required to take prescribed steps in relation to the application, or to take such steps at a prescribed time or within a prescribed period, but failed to do so.'.

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.'.

Mr Richard Allan
Dr Vincent Cable

635

Clause 56, page 34, line 31, at end insert—

'( ) If the applicant contends before an appellate authority that his claim or appeal, as the case may be, has been wrongly certified under subsection (4) or (6), or that he should be able to rely on such ground or concession as is precluded by subsection (2) or (4), the appellate authority may set aside the certificate and give leave to rely on the ground or concession concerned.'.

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'.