Amendments proposed to the Immigration and Asylum Bill - continued	House of Commons
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Mr Mike O'Brien

58

Clause     135,     page     84,     line     37,     at end insert—

    '( ) The following expressions have the same meanings as in the 1971 Act—

    "certificate of entitlement";

    "entry clearance";

    "immigration officer";

    "immigration rules";

    "United Kingdom passport";

    "work permit".'.

   

Mr Mike O'Brien

605

Clause     135,     page     84,     line     37,     at end insert—

' "the Refugee Convention" means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and the Protocol to the Convention;'.

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Mr Mike O'Brien

516

Clause     136,     page     85,     line     4,     after '94' insert 'or by the Lord Chancellor under section 32 (1B)'.

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Mr Richard Allan
Dr Vincent Cable

114

Schedule     12,     page     112,     leave out lines 24 to 33.

   

Mr Mike O'Brien

610

Schedule     12,     page     113,     line     1,     at end insert—

    '. In section 33 (interpretation), for subsection (4) substitute—

    "(4) For the purposes of this Act, the question of whether an appeal is pending shall be determined in accordance with section 40(4) to (9) of the Immigration and Asylum Act 1999".'.

   

Mr Mike O'Brien

68

Schedule     12,     page     113,     line     39,     at end insert—

    '. In Schedule 2, in paragraph 4(1) and (2) (production of information and documents in connection with examinations), after "paragraph 2", insert ", 2A".'.

   

Mr Mike O'Brien

611

Schedule     12,     page     114,     line     13,     at end insert—

    '. In Schedule 2, omit paragraph 28.

    . In Schedule 2, in paragraph 29, for "13(1), 16 or 17 of this Act" substitute " 41, 48, 49, 51(1) or (4) or 53 of the Immigration and Asylum Act 1999".

    . In Schedule 3 (supplementary provision as to deportation), in paragraph 3—

(a) for "16 or 17" substitute " 48 or 49 of the Immigration and Asylum Act 1999";

(b) omit "in paragraph 28(2), (3) and (6) and"; and

(c) for "15(1)(a)" substitute " 45(1)(a) or 51(3)(a) of the Immigration and Asylum Act 1999".'.

   

Mr Mike O'Brien

812

*Schedule     12,     page     114,     line     17,     leave out from 'granted' to end of line 19 and insert 'in order to provide accommodation for an asylum-seeker under Part VI of the Immigration and Asylum Act 1999." '.

   

Mr Mike O'Brien

813

*Schedule     12,     page     114,     line     27,     at end insert—

'The Housing (Northern Ireland) Order 1983 (S.I. 1983/1118 (N.I. 15))

    . In Schedule 2 to the Housing (Northern Ireland) Order 1983 (tenancies which are not secure tenancies), after paragraph 3, insert—

"Accommodation for asylum-seekers

    3A.—(1) A tenancy is not a secure tenancy if it is granted in the exercise of the power, or under an arrangement, to provide accommodation under Part VI of the Immigration and Asylum Act 1999.

    (2) A tenancy mentioned in sub-paragraph (1) becomes a secure tenancy if the landlord notifies the tenant that it is to be regarded as a secure tenancy." '.

   

Mr Mike O'Brien

814

*Schedule     12,     page     115,     line     5,     leave out from 'of' to end of line 7 and insert 'the power, or under an arrangement, to provide accommodation under Part VI of the Immigration and Asylum Act 1999.

    ( ) A tenancy mentioned in sub-paragraph (1) becomes a secure tenancy if the landlord notifies the tenant that it is to be regarded as a secure tenancy." '.

   

Mr Mike O'Brien

815

*Schedule     12,     page     116,     line     32,     leave out from beginning to end of line 33 and insert—

    '. The Tribunals and Inquiries Act 1992 is amended as follows.

    . In Schedule 1 (tribunals under the supervision of the Council on Tribunals), after paragraph 2 insert—

"Asylum-seekers support

2A. Asylum Support Adjudicators established under section 83 of the Immigration and Asylum Act 1999."

    . In Schedule 1, in paragraph 22—

(a) in sub-paragraph (a), for "12 of the Immigration Act 1971" substitute " 39 of the Immigration and Asylum Act 1999"; and

(b) in sub-paragraph (b), for "that section" substitute "section 38 of that Act".

    . In Schedule 1, after paragraph 22, insert- '.

   

Mr Mike O'Brien

612

Schedule     12,     page     116,     line     37,     at end insert—

'The Asylum and Immigration Appeals Act 1993 (c.23)

    . The Asylum and Immigration Appeals Act 1993 is amended as follows.

    . Omit sections 7 to 9.

    . For paragraph (a) of section 9A(1) (bail pending appeal from Immigration Appeal Tribunal), substitute—

"(a) has an appeal under Part IV of the Immigration and Asylum Act 1999 which is pending by reason of an appeal, or an application for leave to appeal, under paragraph 12 of Schedule 4 to that Act;".

    . In section 9A(6), for "section 9 above" substitute "paragraph 12 of Schedule 4 of the Immigration and Asylum Act 1999".

    . Omit sections 10 to 12.

    . Omit Schedule 2.'.

   

Mr Mike O'Brien

613

Schedule     12,     page     116,     line     41,     at end insert—

'The Special Immigration Appeals Commission Act 1997 (c.68)

    . The Special Immigration Appeals Act 1997 is amended as follows.

    . In section 2 (appellate jurisdiction of the Commission), for subsection (1) substitute—

    "(1) A person may appeal to the Special Immigration Appeals Commission against a decision which he would be entitled to appeal against under Part IV of the Immigration and Asylum Act 1999 ("the 1999 Act") or the Immigration (European Economic Area) Order 1994 ("the 1994 Order") but for a public interest provision.

    (1A) "Public interest provision" means any of—

(a) sections 42(8), 44(4), 46(1) or (2) or 52(1) to (5) of the 1999 Act; or
(b) paragraphs (b), (c) or (d) of Article 20(2) of the 1994 Order.".

    . In section 2(2) for "subsection (2) of section 13 of the Immigration Act 1971, but for subsection (5) of that section" substitute "section 41(2) of the 1999 Act but for section 42(8) of that Act".

    . In section 4 (determination of appeals), after subsection (1) insert—

    "(1A) If a certificate under section 52(3A)(b) has been issued, the Commission on an appeal to it under this Act may, instead of determining the appeal, quash the certificate and remit the appeal to a special adjudicator."

    . In section 7 (appeals from Commission), omit subsection (4).

    . In Schedule 1 (supplementary provision as to Commission), in paragraph 5(b)—

(a) in sub-paragraph (i), for "paragraph 1 of Schedule 5 to the Immigration Act 1971" substitute "section 39(2) of the Immigration and Asylum Act 1999"; and

(b) in sub-paragraph (ii), for "paragraph 7 of that Schedule" substitute "paragraph 1(3) of Schedule 2 to that Act".

    . In Schedule 2 (supplementary provisions as to appeals) for paragraphs 1 to 3 substitute—

"Stay on directions for removal

    1. If a person in the United Kingdom appeals under section 2(1) above 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 so long as the appeal is pending.

    2. If a person in the United Kingdom appeals under section 2(1) above 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, have no effect while the appeal is pending.

    3. 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 section 2(1) above 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.

    3A. In calculating the period of two months limited by paragraph 8(2) of Schedule 2 to the 1971 Act for the giving of directions under that paragraph for the removal of a person from the United Kingdom and for the giving of a notice of intention to give such directions, any period during which there is pending an appeal by him under section 2(1) above is to be disregarded.

    3B. If directions are given under Part I of Schedule 2 or Schedule 3 to the 1971 Act for anyone'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 section 2(1) above, the appeal has the same effect under paragraphs 1 to 3A 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

    3C. A variation is not to take effect while an appeal is pending under section 2(1) above against the variation.

Continuation of leave

    3D.—(1) While an appeal under section 2(1) above is pending, the leave to which the appeal relates, and any conditions subject to which it was granted continue 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 2(1), 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

    3E. A deportation order is not to be made against a person under section 5 of the 1971 Act while an appeal duly brought under section 2(1) above against the decision to make it is pending.

    3F. 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 under section 2(1) above against the decision to make the order is pending."

    . In Schedule 2, in paragraph 4, for "the Immigration Act 1971 as applied by paragraphs 1 to 3 above" substitute "this Schedule"

    . In Schedule 2, omit paragraph 5.

    . In Schedule 2, for paragraphs 6 and 7 substitute—

"Notice of appealable decision and statement of appeal rights etc.

    6. Paragraph 2 of Schedule 4 to the Immigration and Asylum Act 1999 has effect as if section 2 of this Act were contained in Part IV of that Act.

Financial support for organisations helping persons with rights of appeal

    7. Section 60 of the Immigration and Asylum Act 1999 shall have effect as if section 2 above were contained in Part IV of that Act.". '.

Prepared 29 Apr 1999