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

990

*Schedule     12,     page     116,     line     24,     at end insert—

    '(4) In Article 61 (fingerprints) in paragraph (9)(a), after "1971" insert ", section (Fingerprinting) of the Immigration and Asylum Act 1999 or regulations made under section (Other methods of collecting data about physical characteristics) of that Act".'.

   

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.". '.

   

Mr Mike O'Brien

816

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

'The Housing Act 1996 (c.52)

    . In section 183(2) of the Housing Act 1996 (interpretation of expressions related to assistance), in the definition of "eligible for assistance", omit "or section 186 (asylum seekers and their dependants)".'.

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Mr Mike O'Brien

517

Schedule     13,     page     117,     line     7,     at end insert—

'References to justices' chief executive

    . At any time before the coming into force of section 69 of the Access to Justice Act 1999—

(a) the reference in section 32 (2A)(b) to the justices' chief executive appointed by the magstrates' court committee whose area includes the petty sessions area for which the specified court acts is to be read as a reference to the clerk of that court; and

(b) the reference in section 28K(9)(a) of the 1971 Act (inserted by section 114) to the justices' chief executive appointed by the magstrates' court committee whose area includes the petty sessions area for which the justice acts is to be read as a reference to the clerk to the justices for the petty sessions area for which the justice acts.'.

   

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.'.

Prepared 11 May 1999