| Amendments proposed to the Nationality, Immigration And Asylum Bill, As Amended - continued | House of Commons |
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NEW CLAUSES RELATING TO APPEALSAppeal from within United Kingdom: unfounded human rights or asylum claim
Mr Secretary Blunkett NC14 To move the following Clause:—'(1) This section applies to an appeal under section 66(1) against an immigration decision on an application which is made wholly or partly on either or both of the grounds specified in section 77(4)(a) and (b). (2) A person who is in the United Kingdom may not bring an appeal to which this section applies in reliance on section 77(4) if the Secretary of State certifies that the application mentioned in subsection (1) above is clearly unfounded in so far as made on the grounds specified in section 77(4)(a) or (b) (or both). (3) A person who is in the United Kingdom may not bring an appeal to which this section applies in reliance on section 77(4) if the Secretary of State certifies that—
(4) In determining whether a person in relation to whom a certificate has been issued under subsection (3) may be removed from the United Kingdom, the country specified in the certificate is to be regarded as—
(5) Where a person in relation to whom a certificate is issued under this section subsequently brings an appeal under section 66(1) while outside the United Kingdom, the appeal shall be considered as if he had not been removed from the United Kingdom.'.
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—
(3) A person who is in the United Kingdom may not bring an appeal under section 65 of that Act (human rights) or raise a question in reliance on section 65(3) if the Secretary of State certifies that the appeal or question, or a claim to which the appeal or question relates, is clearly unfounded. (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—
(5) In determining whether a person in relation to whom a certificate has been issued under subsection (2) or (4) may be removed from the United Kingdom, the country specified in the certificate is to be regarded as—
(6) Where a person in relation to whom a certificate is issued under this section subsequently brings an appeal or raises a question under section 65, 69 or 77 of that Act while outside the United Kingdom, the appeal or question shall be considered as if he had not been removed from the United Kingdom.'.
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 the decision will be despatched to the applicant or the applicant's legal or other nominated representative (if any) within 14 days from receipt of the notice of appeal for non-settlement applications and within one month for settlement applications. (5) The respondent to an appeal shall be estopped 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 73], 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'.
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