Vote Bundle Text (990504-09)

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—

"(f) family credit;

(g) disability working allowance;" '.

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—

'In Schedule 2, paragraph 28.

In Schedule 3, in paragraph 3, "in paragraph 28(2), (3) and (6) and".

Schedule 5.'.

Mr Mike O'Brien

615

Schedule 14, page 119, line 6, column 3, at beginning insert—

'Section 7.

Section 8.

Section 9.

Section 10.

Section 11.

Section 12.'.

Mr Mike O'Brien

818

Schedule 14, page 119, line 6, column 3, at beginning insert—

'Section 4.

Section 5.'.

Mr Mike O'Brien

819

Schedule 14, page 119, line 6, column 3, at beginning insert—

'Schedule 1.'.

Mr Mike O'Brien

616

Schedule 14, page 119, line 10, column 3, at beginning insert—

'Section 1.'.

Mr Richard Allan
Dr Vincent Cable

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—

'Section 9.'.

Mr Mike O'Brien

617

Schedule 14, page 119, line 12, column 3, at end insert—

'In Schedule 2, paragraphs 1(2) and (3), 3 and 4(2) and 6.

In Schedule 3, paragraphs 1, 2 and 5.'.

Mr Mike O'Brien

821

Schedule 14, page 119, line 12, column 3, at end insert—

'Section 11.'.

Mr Mike O'Brien

822

Schedule 14, page 119, line 13, column 3, at beginning insert—

'In section 183(2), in the definition "eligible for assistance", "or section 186 (asylum seekers and their dependants)".'.

Mr Mike O'Brien

823

Schedule 14, page 119, line 13, column 3, at end insert—

'In Schedule 16, paragraph 3.'.

NEW CLAUSES

Extension 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—

"Continuation of leave pending decision. 3C.—(1) This section applies if—

(a) a person who has limited leave to enter or remain in the United Kingdom applies to the Secretary of State, before his leave expires, for it to be varied; and
(b) when it expires, no decision has been taken on the application.
    (2) His leave is to be treated as continuing until the end of the period allowed under rules made under paragraph 3 of Schedule 4 to the Immigration and Asylum Act 1999 for bringing an appeal against a decision on the application.
    (3) An application for a variation of a person's leave to enter or remain in the United Kingdom may not be made while that leave is treated as continuing as a result of this section.
    (4) But subsection (3) does not prevent the variation of an application mentioned in subsection (1).".'.

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—

(a) the appellant's claim could reasonably—

(i) have been included in a statement required from him under section 55 but was not so included, or

(ii) have been made in the original appeal but was not so made; and

(b) the sole purpose of such a claim would be to delay the removal from the United Kingdom of the appellant or of any member of his family.

(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).'.