Vote Bundle Text (990429-02)

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

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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 Mike O'Brien

667

Clause 55, page 33, line 20, after '(a)' insert 'the decision on'.

Mr Mike O'Brien

668

Clause 55, page 33, line 20, at end insert 'that the application be'.

Mr Mike O'Brien

669

Clause 55, page 33, line 22, after 'under' insert 'the Special Immigration Appeals Commission Act 1997 or'.

Mr Mike O'Brien

670

Clause 55, page 33, line 22, at end insert—

'( ) This section also applies if—

(a) as a result of a decision to vary, or to refuse to vary, any limited leave to enter or remain in the United Kingdom which a person has, he may be required to leave the United Kingdom within twenty-eight days of being notified of the decision; and

(b) that person has a right of appeal against the decision under the Special Immigration Appeals Commission Act 1997 or this Act.'.

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 Mike O'Brien

671

Clause 55, page 33, line 25, leave out 'Secretary of State' and insert 'decision-maker'.

Mr Richard Allan
Dr Vincent Cable

552

Clause 55, page 33, line 25, leave out 'relevant' and insert 'dependent'.

Mr Mike O'Brien

672

Clause 55, page 33, line 27, after 'to' insert 'enter or'.

Mr Mike O'Brien

673

Clause 55, page 33, line 28, at end insert—

'( ) "Decision-maker" means the Secretary of State or, as the case may be, an immigration officer.'.

Mr Mike O'Brien

674

Clause 55, page 33, line 36, leave out from beginning to end of in line 37 and insert 'and

(b) if he claims that an act breached his human rights, include notice of that claim.'.

Mr Mike O'Brien

675

Clause 55, page 33, line 38, leave out from beginning to end of line 39.

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 Mike O'Brien

676

Clause 55, page 33, line 41, at end insert—

'( ) Regulations may prescribe the procedure to be followed in connection with notices given and statements made in accordance with this section and, in particular, may prescribe the form in which such notices and statements are to be given or made.'.

Mr Mike O'Brien

677

Clause 55, page 34, line 1, leave out 'order' and insert 'regulations'.

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.'.

Mr Mike O'Brien

678

Clause 56, page 34, line 12, after 'under' insert 'the Special Immigration Appeals Commission Act 1997 or'.

Mr Mike O'Brien

679

Clause 56, page 34, line 12, at end insert—

'( ) Subsection (2) does not apply if—

(a) the ground is a claim for asylum or a claim that an act breached the applicant's human rights; or

(b) the Secretary of State considers that the applicant had a reasonable excuse for the omission.'.

Mr Mike O'Brien

680

Clause 56, page 34, line 16, leave out 'this Part against the refusal of that claim' and insert 'under section 51'.

Mr Mike O'Brien

681

Clause 56, page 34, line 21, leave out from beginning to end of line 26.

Mr Mike O'Brien

682

Clause 56, page 34, line 27, leave out from beginning to end of line 29.

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.'.