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Asylum-seeker: definition


Amendment made: No. 214, in page 9, line 30, at end insert—

'( ) he is in the United Kingdom,'.—[Beverley Hughes.]

Clause 17

Destitution: definition


Amendments made: No. 252, in page 10, line 6, at end insert "both".
No. 253, in page 10, line 10, at end insert "both".—[Beverley Hughes.]

Clause 21

Person subject to United Kingdom entrance control


Amendment made: No. 256, in page 11, line 30, leave out from "centre" to "he" in line 32 and insert—

'by virtue of section 23 or 27'.—[Beverley Hughes.]

Clause 31

Education: general


Amendments made: No. 259, in page 16, line 38, after "school", insert—

'(for which purpose a reference to the appropriate authority shall be taken as a reference to the person (or persons) responsible for the provision of education at the accommodation centre)'.

11 Jun 2002 : Column 794


No. 260, in page 16, line 38, after "school,", insert—

'( ) section 329A of the Education Act 1996 (c.56) (review or assessment of educational needs at request of responsible body) shall have effect as if—

(i) an accommodation centre were a relevant school for the purposes of that section,

(ii) a child for whom education is provided at an accommodation centre under section 26(1)(f) were a registered pupil at the centre, and

(iii) a reference in section 329A to the responsible person in relation to an accommodation centre were a reference to any person providing education at the centre under section 26(1)(f),'.—[Beverley Hughes.]

Clause 33

"Prescribed": orders and regulations


Amendments made: No. 215, in page 17, line 41, at end insert—

'( ) include consequential, transitional or incidental provision.'.
No. 257, in page 18, line 9, leave out "and".
No. 258, in page 18, line 10, at end insert—

', and

( ) section 35.'.—[Beverley Hughes.]

Mr. Gerrard: On a point of order, Mr. Deputy Speaker. You will be aware that we were unable to reach the amendments in my name, starting with amendment No. 83, before 7 o'clock. Although Members of this House might understand why that happened, it will be difficult for people outside this place to understand why we have failed to debate what is perhaps the issue of most interest to those looking at the Bill. Is it possible for you to try to avoid this in future, Mr. Deputy Speaker? I appreciate that you do not control the timetable motion, but when it is obvious that there are matters of interest to be debated, could you discuss the matter with the parties involved so that we can reach important amendments?

Mr. Deputy Speaker: There is not a role for the Chair in this regard. These matters are decided either through the usual channels or by a motion before the House that is discussed and agreed, as happened this afternoon. While I sympathise with the hon. Gentleman, who was not able to bring his amendments before the House, I am afraid that it was out of my hands.

New Clause 14

Appeal from within United Kingdom: unfounded human rights or asylum claim


'(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).

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(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—


(a) it is proposed to remove the person to a country of which he is not a national or citizen, and


(b) there is no reason to believe that the person's rights under the Human Rights Convention will be breached in that country.


(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—


(a) a place where a person's life and liberty is not threatened by reason of his race, religion, nationality, membership of a particular social group, or political opinion, and


(b) a place from which a person will not be sent to another country otherwise than in accordance with the Refugee Convention.


(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.'.—[Mr. Blunkett.]

Brought up, and read the First time.

Mr. Blunkett: I beg to move, That the clause be read a Second time.

Mr. Deputy Speaker: With this it will be convenient to discuss the following: Government new clause 15—Appeal from within United Kingdom: unfounded human rights or asylum claim: transitional provision.

Government amendments Nos. 224 to 227.

Amendment No. 13, in clause 80, page 44, line 19, leave out Clause 80.

Government amendment No. 228.

Amendment No. 7, in page 44, line 21, leave out—


'the Secretary of State or an immigration officer'

and insert "an adjudicator".

Amendment No. 14, in page 44, line 21, leave out—


'Secretary of State or an immigration officer'

and insert—


'adjudicator or an Immigration Appeal Tribunal'.

Amendment No. 8, in page 44, line 26, leave out—


'the Secretary of State or the immigration officer'

and insert "an adjudicator".

Amendment No. 15, in page 44, line 26, leave out—


'Secretary of State or the immigration officer'

and insert—


'adjudicator or the Immigration Appeal Tribunal'.

Government amendment No. 229.

Amendment No. 9, in page 44, line 29, leave out—


'the Secretary of State or the immigration officer'

and insert "an adjudicator".

Amendment No. 16, in page 44, line 29, leave out—


'Secretary of State or the immigration officer'

and insert—


'the adjudicator or the Immigration Appeal Tribunal'.

Government amendments Nos. 230 and 231.

11 Jun 2002 : Column 796

Amendment No. 155, in page 44, line 32, leave out—


'the Secretary of State or an immigration officer'

and insert "an adjudicator".

Amendment No. 170, in page 44, line 34, leave out "or matter".

Amendment No. 171, in page 44, line 37, leave out "should" and insert "could reasonably".

Amendment No. 172, in page 44, line 40, leave out—


'would have been permitted or required to raise'

and insert "could reasonably have raised".

Amendment No. 173, in page 44, line 43, leave out "or matter".

Amendment No. 156, in page 44, line 44, leave out—


'the Secretary of State or an immigration officer'

and insert "an adjudicator".

Amendment No. 174, in page 45, line 1, leave out "or matter".

Government amendment No. 232.

Amendment No. 175, in page 45, line 3, leave out "or matter".

Amendment No. 157, in page 45, line 4, leave out—


'the Secretary of State or an immigration officer'

and insert "an adjudicator".

Amendment No. 176, in page 45, line 5, leave out "should" and insert "could reasonably".

Amendment No. 177, in page 45, line 5, leave out "or matter".

Amendment No. 178, in page 45, line 7, leave out from "section" to end of line 8.

Amendment No. 158, in page 45, line 9, leave out—


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