S.C.E.
Amendment Paper as at
Monday 20th May 2002
STANDING COMMITTEE E
NATIONALITY, IMMIGRATION AND ASYLUM BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [30th April], as amended on 9th May.
Angela Eagle
202
Clause 59, page 33, line 6, leave out 'shall' and insert 'may'.
Angela Eagle
203
Schedule 3, page 74, line 8, leave out paragraphs 6 and 7 and insert—
(a) may pay remuneration and allowances to adjudicators,
(b) may pay remuneration and allowances to staff of the adjudicators, and
(c) may defray expenses of the adjudicators.'.
Simon Hughes
Mr Richard Allan
427A
Clause 60, page 33, line 15, after 'immigration', insert 'or nationality'.
Simon Hughes
Mr Richard Allan
428
Clause 60, page 33, line 17, after 'immigration', insert'or nationality'.
Angela Eagle
3
Clause 60, page 33, line 21, at end insert 'under section 10 of this Act'.
Angela Eagle
251
Clause 60, page 33, line 31, leave out '10' and insert '10(1)(a), (b) or (c)'.
Simon Hughes
Mr Richard Allan
429
Clause 60, page 33, line 38, at end insert—
| '(l) | refusal of naturalisation or registration as a British citizen.'. |
Mr Humfrey Malins
Mrs Cheryl Gillan
Angela Watkinson
Mr Gregory Barker
Simon Hughes
Mr Richard Allan
258
Clause 60, page 33, line 38, at end insert 'and
| ( ) | decisions to remove.'. |
Mr Humfrey Malins
Mrs Cheryl Gillan
Angela Watkinson
Mr Gregory Barker
Simon Hughes
Mr Richard Allan
399
Clause 60, page 33, line 40, at end insert—
'(4) An explanatory statement of the reasons for refusal will be despatched to the appellant and the appellant's legal representative (if any) within one month from receipt of the notice of appeal for non-settlement applications, and within three months for settlement applications.
(5) The respondent to an appeal under this section shall be estopped from presenting a case against the appellant if there is a failure to comply with the provisions in subsection (4).'.
Mr Humfrey Malins
Mrs Cheryl Gillan
Angela Watkinson
Mr Gregory Barker
Simon Hughes
Mr Richard Allan
400
Clause 61, page 34, line 1, leave out paragraph (b).
Simon Hughes
Mr Richard Allan
430
Clause 61, page 34, line 1, at end insert 'limited'.
Simon Hughes
Mr Richard Allan
431
Clause 61, page 34, line 2, leave out 'exceeding one year'.
Angela Eagle
342
Clause 62, page 34, line 20, leave out paragraph (d) and insert—
| '(d) | that the appellant is an EEA national or a member of the family of an EEA national and the decision breaches the appellant's rights under the Community Treaties in respect of entry to or residence in the United Kingdom;'. |
Mr Humfrey Malins
Mrs Cheryl Gillan
Angela Watkinson
Mr Gregory Barker
Simon Hughes
Mr Richard Allan
401
Clause 62, page 34, line 34, leave out paragraph (b).
Angela Eagle
343
Clause 62, page 34, line 35, at end insert—
'( ) In subsection (1)(d) "EEA national" means a national of a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (as it has effect from time to time).'.
Angela Eagle
344
Clause 63, page 34, line 36, at end insert—
'(A1) An appeal under section 60(1) against a decision shall be treated by the adjudicator as including an appeal against any decision in respect of which the appellant—
| (a) | has a right of appeal under section 60(1), and |
| (b) | has specified grounds of appeal in accordance with rules under section 84.'. |
Angela Eagle
345
Clause 63, page 34, line 38, leave out 'and determine'.
Angela Eagle
346
Clause 63, page 34, line 38, at end insert 'which—
| (a) | constitutes a ground of appeal of a kind listed in section 62(1) against the decision appealed against, or |
| (b) | could be the subject of an appeal by the appellant under section 60(1).'. |
Mr Humfrey Malins
Mrs Cheryl Gillan
Angela Watkinson
Mr Gregory Barker
Simon Hughes
Mr Richard Allan
402
Clause 63, page 34, line 42, leave out paragraph (b).
Simon Hughes
Mr Richard Allan
432
Clause 63, page 34, line 43, at end insert—
'(2A) Nothing in subsection (1) shall prevent an adjudicator from considering a claim for asylum or a claim that an act breached the appellant's human rights, whether or not raised in the statement.'.
Angela Eagle
347
Clause 63, page 35, line 4, at end insert 'under section 10'.
Mr Humfrey Malins
Mrs Cheryl Gillan
Angela Watkinson
Mr Gregory Barker
Simon Hughes
Mr Richard Allan
403
Clause 63, page 35, line 6, leave out paragraph (b).
Angela Eagle
348
Clause 63, page 35, line 7, at end insert 'or which concerns a matter which was relevant to the taking of the decision'.
Angela Eagle
349
Page 35, line 8, leave out Clause 64.
Angela Eagle
350
Clause 65, page 35, line 15, after '60', insert 'or 61'.
Mr Humfrey Malins
Mrs Cheryl Gillan
Angela Watkinson
Mr Gregory Barker
Simon Hughes
Mr Richard Allan
404
Clause 66, page 35, line 37, leave out paragraph (c).
Mr Humfrey Malins
Mrs Cheryl Gillan
Angela Watkinson
Mr Gregory Barker
Simon Hughes
Mr Richard Allan
405
Clause 66, page 35, line 39, leave out paragraph (d).
Angela Eagle
351
Clause 66, page 36, line 8, at end insert—
'( ) Subsection (2) does not prevent the bringing of an appeal on either or both of the grounds referred to in section 62(1)(b) and (c).'.
Angela Eagle
352
Clause 68, page 36, line 29, at end insert—
'( ) Subsection (2) does not prevent the bringing of an appeal on either or both of the grounds referred to in section 62(1)(b) and (c).'.
Angela Eagle
Mr Terry Rooney
292
Clause 69, page 36, line 35, leave out from 'family' to end of line 36.
Mr Humfrey Malins
Mrs Cheryl Gillan
Angela Watkinson
Mr Gregory Barker
Simon Hughes
Mr Richard Allan
406
Clause 69, page 36, line 36, leave out paragraph (b).
Angela Eagle
353
Clause 69, page 36, line 40, at end insert—
'( ) Subsection (1) does not prevent the bringing of an appeal on either or both of the grounds referred to in section 62(1)(b) and (c).'.
Angela Eagle
354
Clause 70, page 37, line 8, at end insert—
'(2) Subsection (1) does not prevent the bringing of an appeal on either or both of the grounds referred to in section 62(1)(b) and (c).'.
Angela Eagle
355
Clause 71, page 37, line 13, at end insert 'under section 10 of this Act'.
Angela Eagle
356
Clause 71, page 37, line 35, leave out paragraph (c) and insert—
| '(c) | that the appellant is an EEA national or a member of the family of an EEA national and the decision breaches the appellant's rights under the Community Treaties in respect of entry to or residence in the United Kingdom,'. |
Angela Eagle
357
Clause 72, page 37, line 43, leave out from 'appellant' to 'and' in line 45 and insert 'has claimed that his removal from the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998 (c.42) as being incompatible with his Convention rights,'.
Simon Hughes
Mr Richard Allan
434
Clause 72, page 38, line 1, leave out 'in his opinion'.
Mr Humfrey Malins
Mrs Cheryl Gillan
Angela Watkinson
Mr Gregory Barker
Simon Hughes
Mr Richard Allan
407
Clause 72, page 38, line 2, leave out 'clearly' and insert 'manifestly'.
