Amendments proposed to the Nationality, Immigration And Asylum Bill, As Amended - continued | House of Commons |
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Appeal from within United Kingdom: unfounded human rights or asylum claim: transitional provision
Mr Secretary Blunkett NC15 *To move the following Clause:'(1) A person who is in the United Kingdom may not bring an appeal under section 69 of the Immigration and Asylum Act 1999 (c.33) (asylum) or raise a question which relates to the Human Rights Convention under section 77 of that Act (one-stop appeals) if the Secretary of State certifies that the appeal or question, or a claim to which the appeal or question relates, is clearly unfounded. (2) A person who is in the United Kingdom may not bring an appeal under section 69 of that Act, or raise a question which relates to the Human Rights Convention under section 77 of that Act, if the Secretary of State certifies that
(4) A person who is in the United Kingdom may not bring an appeal under section 65 of that Act (human rights) if the Secretary of State certifies that
Simon Hughes 10 Page 38, line 38 [Clause 66], at end insert 'and the explanatory statement of the reasons for refusal must be sent to the appellant, the appellant's representative, the Home Secretary and the Immigration Appellate Authority within two months of the receipt of the notice of the appeal.'.
Mr Secretary Blunkett 219 *Page 39, line 2 [Clause 66], leave out paragraph (c).
Mr Secretary Blunkett 220 *Page 39, line 18 [Clause 66], at end insert
Mr Oliver Letwin
5 Page 39, line 23 [Clause 66], at end insert'(4) An explanatory statement of the reasons for the decision will be despatched to the applicant, the applicant's legal representative (if any), the Secretary of State and the Immigration Appellate Authority within one month from receipt of the notice of appeal for non-settlement applications, and within 2 months for settlement applications. (5) Failure to comply with the provisions in subsection (4) will be conclusive evidence that the respondent to the appeal does not oppose the said appeal.'.
Mr Oliver Letwin 153 *Page 39, line 23 [Clause 66], at end insert'(4) A explanatory statement of the reasons for refusal will be despatched to the applicant or the applicants legal or other nominated representative (if any) within 14 days from receipt of the notice of appeal for non-settlement applications within one month for settlement applications. (5) The respondent to an appeal shall be stopped from presenting a case against the applicant if there is a failure to comply with the provisions in subsection (4).'.
Mr Secretary Blunkett 221 *Page 39, line 28 [Clause 67], leave out from 'year' to end of line 29.
Mr Secretary Blunkett 222 *Page 40, line 11 [Clause 68], leave out paragraph (h).
Mr Secretary Blunkett 223 *Page 40, line 14 [Clause 68], leave out subsection (2).
Simon Hughes 11 Page 40, line 17 [Clause 68], leave out from 'submits' to 'documentary' in line 18.
Simon Hughes 12 Page 41, line 1 [Clause 69], leave out from 'evidence' to end of line 3 and insert 'which he decides is relevant.'.
Mr Secretary Blunkett 224 *Page 41, line 36 [Clause 72], leave out '(c),'.
Mr Secretary Blunkett 225 *Page 41, line 38 [Clause 72], leave out 'or partly'.
Mr Secretary Blunkett 226 *Page 42, line 18, leave out Clause 73.
Mr Secretary Blunkett 227 *Page 42, line 20 [Clause 72], leave out '(c),'.
Simon Hughes 13 Page 44, line 19, leave out Clause 80.
Mr Oliver Letwin 154 *Page 44, line 20 [Clause 80], leave out subsections (1), (2), (3) and (4).
Mr Secretary Blunkett 228 *Page 44, line 20 [Clause 80], after 'decision', insert '("the new decision")'.
Mr Oliver Letwin 7 Page 44, line 21 [Clause 80], leave out 'the Secretary of State or an immigration officer' and insert 'an adjudicator'.
Simon Hughes 14 Page 44, line 21 [Clause 80], leave out 'Secretary of State or an immigration officer' and insert 'adjudicator or an Immigration Appeal Tribunal'.
Mr Oliver Letwin 8 Page 44, line 26 [Clause 80], leave out 'the Secretary of State or the immigration officer' and insert 'an adjudicator'.
Simon Hughes 15 Page 44, line 26 [Clause 80], leave out 'Secretary of State or the immigration officer' and insert 'adjudicator or the Immigration Appeal Tribunal'.
Mr Secretary Blunkett 229 *Page 44, line 27 [Clause 80], leave out 'the person is seeking to appeal' and insert 'the new decision responds to a request or application which the person made'.
Mr Oliver Letwin 9 Page 44, line 29 [Clause 80], leave out 'the Secretary of State or the immigration officer' and insert 'an adjudicator'.
Simon Hughes 16 Page 44, line 29 [Clause 80], leave out 'Secretary of State or the immigration officer' and insert 'the adjudicator or the Immigration Appeal Tribunal'.
Mr Secretary Blunkett 230 *Page 44, line 30 [Clause 80], leave out 'has' and insert 'had'.
Mr Secretary Blunkett 231 *Page 44, line 30 [Clause 80], leave out 'seeking to appeal' and insert 'making the request or application'.
Mr Oliver Letwin 155 *Page 44, line 32 [Clause 80], leave out 'the Secretary of State or an immigration officer' and insert 'an adjudicator'.
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