Amendments proposed to the Immigration and Asylum Bill - continued | House of Commons |
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Mr Mike O'Brien 817 Schedule 13, page 117, line 7, at end insert
'Commencement of Tax Credits Act 1999 (c.00) . At any time before the coming into force of section 1(1) of the Tax Credits Act 1999, section 95(1) has effect as if for paragraphs (f) and (g) there is substituted
Mr Neil Gerrard 520 Schedule 13, page 117, leave out lines 18 to 21 and insert'3. Section 15 of the Immigration Act 1971, section 5 of the Immigration Act 1988 and the Immigration (Restricted Right of Appeal against Deportation) Order 1993, are to continue to have effect in relation to any person who, immediately before the repeal of section 15 of the 1971 Act by this Act, was liable to deportation under section 3(5)(a) or (aa) of the 1971 Act as then in force.'.
Mr Mike O'Brien 614 Schedule 14, page 118, line 45, column 3, at end insert
Mr Mike O'Brien 615 Schedule 14, page 119, line 6, column 3, at beginning insert
Mr Mike O'Brien 818 Schedule 14, page 119, line 6, column 3, at beginning insert
Mr Mike O'Brien 819 Schedule 14, page 119, line 6, column 3, at beginning insert
Mr Mike O'Brien 616 Schedule 14, page 119, line 10, column 3, at beginning insert
Mr Richard Allan 160 Schedule 14, page 119, line 11, after '7,' insert 'section 8'.
Mr Mike O'Brien 820 Schedule 14, page 119, line 11, column 3, at end insert
Mr Mike O'Brien 617 Schedule 14, page 119, line 12, column 3, at end insert
Mr Mike O'Brien 821 Schedule 14, page 119, line 12, column 3, at end insert
Mr Mike O'Brien 822 Schedule 14, page 119, line 13, column 3, at beginning insert
Mr Mike O'Brien 823 Schedule 14, page 119, line 13, column 3, at end insert
NEW CLAUSESExtension of right to apply for bail in deportation cases
Mr Mike O'Brien NC10 To move the following Clause'.(1) Paragraph 2 of Schedule 3 to the 1971 Act (detention or control pending deportation) is amended as follows. (2) In sub-paragraph (1), at the end insert "or he is released on bail". (3) In sub-paragraph (3), after "unless" insert "he is released on bail or". (4) After sub-paragraph (4), insert
Continuation of leave pending decision
Mr Mike O'Brien NC18 To move the following Clause:'. In the 1971 Act, insert after section 3B
Variation of limited leave to enter or remain
Mr Mike O'Brien NC19 To move the following Clause:'. A person may appeal against a decision to vary, or to refuse to vary, any limited leave to enter or remain in the United Kingdom which he has if, as a result of that decision, he may be required to leave the United Kingdom within twenty-eight days of being notified of the decision.'.
Transfer of appellate proceedings
Mr Mike O'Brien NC20 To move the following Clause'.(1) Subsection (2) applies if a person has brought an appeal under this Part and he has been notified of a decision of the Secretary of State to make a deportation order against him which he is not entitled to appeal under section 45 as a result of section 46(2). (2) If he appeals against that decision under section 2(1) of the Special Immigration Appeals Commission Act 1997, any appeal under this Part is transferred to, and must be heard by, the Special Immigration Appeals Commission. (3) Subsection (4) applies if a person, in a statement required by a notice under section 55, states an additional ground which relates to a matter which may be the subject of an appeal under section 2(1) of the Special Immigration Appeals Commission Act 1997. (4) The appeal under this Part is transferred to, and must be heard by, the Special Immigration Appeals Commission. (5) Subsection (6) applies if a person, in a statement required by a notice under section 55, makes a claim for asylum. (6) Unless otherwise being heard by the Special Immigration Appeals Commission, the appeal under this Part is transferred to, and must be heard by, a special adjudicator.'.
Limitation on further appeals
Mr Mike O'Brien NC21 To move the following Clause'.(1) This section applies where a person ("the appellant") has appealed under this Part and that appeal ("the original appeal") has been finally determined. (2) If the appellant serves a notice of appeal making a claim that a decision of a decision-maker was in breach of the appellant's human rights, the Secretary of State may certify that in his opinion
(3) On the issuing of a certificate by the Secretary of State under subsection (2), the appeal, so far as relating to that claim, is to be treated as finally determined. (4) Subsection (5) applies if a notice under section 55 was served on the appellant before the determination of his original appeal and the appellant has served a further notice of appeal. (5) The Secretary of State may certify that grounds contained in the notice of appeal were considered in the original appeal. (6) On the issuing of a certificate by the Secretary of State under subsection (5), the appeal, so far as relating to those grounds, is to be treated as finally determined. (7) Subsection (8) applies if, on the application of the appellant, an immigration officer or the Secretary of State makes a decision in relation to the appellant. (8) The immigration officer or, as the case may be, the Secretary of State may certify that the application was substantially the same as the application on which the decision which was the subject of the original appeal was based. (9) No appeal may be brought under this Part against a decision on an application in respect of which a certificate has been issued under subsection (8). (10) Nothing in section 40(5) affects the operation of subsections (3) and (6).'.
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