Asylum and Immigration (Treatment of Claimants, etc.) Bill

House of Commons

Session 2003 - 04
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Asylum and Immigration (Treatment of Claimants, etc.) Bill

Asylum and Immigration (Treatment of Claimants, etc.) Bill
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Transfer of leave stamps
(1)
Section 5 of the Immigration and Asylum Act 1999 (c. 33) (charges) shall be
amended as follows.
(2)
For subsection (1)(c) (transfer of indefinite leave stamp to new document)
substitute—
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“(c)
the fixing of a limited leave stamp or indefinite leave stamp on
a passport or other document issued to the applicant where the
stamp was previously fixed on another passport or document
issued to the applicant.”
(3)
For subsection (5) substitute—
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“(5)
In this section—
(a)
“limited leave stamp” means a stamp, sticker or other
attachment which indicates that a person has been granted
limited leave to enter or remain in the United Kingdom, and
(b)
“indefinite leave stamp” means a stamp, sticker or other
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attachment which indicates that a person has been granted
indefinite leave to enter or remain in the United Kingdom.”
General
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Interpretation: “the Immigration Acts”
(1)
A reference to “the Immigration Acts” is to—
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(a)
the Immigration Act 1971 (c. 77),
(b)
the Immigration Act 1988 (c. 14),
(c)
the Asylum and Immigration Appeals Act 1993 (c. 23),
(d)
the Asylum and Immigration Act 1996 (c. 49),
(e)
the Immigration and Asylum Act 1999,
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(f)
the Nationality, Immigration and Asylum Act 2002 (c. 41), and
(g)
this Act.
(2)
This section has effect in relation to a reference in this Act or any other
enactment (including an enactment passed or made before this Act).
(3)
For section 158(1) and (2) of the Nationality, Immigration and Asylum Act 2002
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substitute—
“(1)
A reference to “the Immigration Acts” shall be construed in accordance
with section 22 of the Asylum and Immigration (Treatment of
Claimants, etc.) Act 2004.”
(4)
In the following provisions for “section 158 of the Nationality, Immigration
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and Asylum Act 2002” substitute “section 22 of the Asylum and Immigration
(Treatment of Claimants, etc.) Act 2004”—
(a)
section 32(5) of the Immigration Act 1971, and
(b)
section 167(1) of the Immigration and Asylum Act 1999.

Asylum and Immigration (Treatment of Claimants, etc.) Bill
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Interpretation: immigration officer
In this Act “immigration officer” means a person appointed by the Secretary of
State as an immigration officer under paragraph 1 of Schedule 2 to the
Immigration Act 1971 (c. 77).
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Money
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There shall be paid out of money provided by Parliament—
(a)
any expenditure incurred by a Minister of the Crown in connection with this
Act, and
(b)
any increase attributable to this Act in the sums payable under any other
enactment out of money provided by Parliament.
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Repeals
The enactments listed in Schedule 4 are hereby repealed to the extent specified.
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Commencement
(1)
Sections 2 and 14 shall come into force at the end of the period of two months
beginning with the date on which this Act is passed.
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(2)
The other preceding provisions of this Act shall come into force in accordance
with provision made—
(a)
in the case of section 10 or Schedule 1 or 2, by order of the Lord
Chancellor, and
(b)
in any other case, by order of the Secretary of State.
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(3)
An order under subsection (2)—
(a)
may make transitional or incidental provision,
(b)
may make different provision for different purposes, and
(c)
shall be made by statutory instrument.
(4)
Transitional provision under subsection (3)(a) in relation to the
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commencement of section 10 may, in particular, make provision in relation to
proceedings which, immediately before commencement—
(a)
are awaiting determination by an adjudicator appointed, or treated as
if appointed, under section 81 of the Nationality, Immigration and
Asylum Act 2002 (c. 41),
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(b)
are awaiting determination by the Immigration Appeal Tribunal,
(c)
having been determined by an adjudicator could be brought before the
Immigration Appeal Tribunal,
(d)
are awaiting the determination of a further appeal brought in
accordance with section 103 of that Act,
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(e)
having been determined by the Immigration Appeal Tribunal could be
brought before another court by way of further appeal under that
section,
(f)
are or could be made the subject of an application under section 101 of
that Act (review of decision on permission to appeal to Tribunal), or
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(g)
are or could be made the subject of another kind of application to the
High Court or the Court of Session.
(5)
Provision made under subsection (4) may, in particular—

Asylum and Immigration (Treatment of Claimants, etc.) Bill
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(a)
provide for the institution or continuance of an appeal of a kind not
generally available after the commencement of section 10,
(b)
provide for the termination of proceedings, or
(c)
make any other provision that the Lord Chancellor thinks appropriate.
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Extent
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(1)
Sections 4 and 5 shall extend to—
(a)
England and Wales, and
(b)
Northern Ireland.
(2)
The remainder of this Act extends (subject to subsection (3)) to—
(a)
England and Wales,
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(b)
Scotland, and
(c)
Northern Ireland.
(3)
An amendment effected by this Act has the same extent as the enactment, or as
the relevant part of the enactment, amended.
(4)
Her Majesty may by Order in Council direct that section 6 is to extend, with or
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without modification or adaptation, to—
(a)
any of the Channel Islands;
(b)
the Isle of Man.
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Short title
This Act may be cited as the Asylum and Immigration (Treatment of
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Claimants, etc.) Act 2004.

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Asylum and Immigration (Treatment of Claimants, etc.) Bill
Schedule 1 — New Schedule 4 to the Nationality, Immigration and Asylum Act 2002

Schedules
Schedule 1
Section 10

New Schedule 4 to the Nationality, Immigration and Asylum Act 2002
Schedule 4
The Asylum and Immigration Tribunal
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Membership
1
The Lord Chancellor shall appoint the members of the Asylum and
Immigration Tribunal.
2
A person is eligible for appointment as a member of the Tribunal only if he—
(a)
has a seven year general qualification within the meaning of section
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71 of the Courts and Legal Services Act 1990 (c. 41),
(b)
is an advocate or solicitor in Scotland of at least seven years’
standing,
(c)
is a member of the Bar of Northern Ireland, or a solicitor of the
Supreme Court of Northern Ireland, of at least seven years’ standing,
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or
(d)
in the Lord Chancellor’s opinion, has legal experience which makes
him as suitable for appointment as if he satisfied paragraph (a), (b) or
(c).
3     (1)
A member—
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(a)
may resign by notice in writing to the Lord Chancellor,
(b)
shall cease to be a member on reaching the age of 70, and
(c)
otherwise, shall hold and vacate office in accordance with the terms
of his appointment (which may include provision for dismissal).
      (2)
Sub-paragraph (1)(b) is subject to section 26(4) to (6) of the Judicial Pensions
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and Retirement Act 1993 (c. 8) (extension to age 75).
4
The Lord Chancellor may by order make provision for the title of members
of the Tribunal.
Presidency
5     (1)
The Lord Chancellor shall appoint—
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(a)
a member of the Tribunal as its President, and
(b)
one or more members of the Tribunal as Deputy President.
      (2)
A Deputy President—
(a)
may act for the President if the President is unable to act or
unavailable, and
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Asylum and Immigration (Treatment of Claimants, etc.) Bill
Schedule 1 — New Schedule 4 to the Nationality, Immigration and Asylum Act 2002
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(b)
shall perform such functions as the President may delegate or assign
to him.
Proceedings
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The Tribunal shall sit at times and places determined by the Lord
Chancellor.
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7     (1)
The jurisdiction of the Tribunal shall be exercised by such number of its
members as the President may direct.
      (2)
A direction under this paragraph—
(a)
may relate to the whole or part of specified proceedings or to the
whole or part of proceedings of a specified kind,
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(b)
may enable jurisdiction to be exercised by a single member,
(c)
may require or permit the transfer of the whole or part of
proceedings—
(i)
from one member to another,
(ii)
from one group of members to another,
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(iii)
from one member to a group of members, or
(iv)
from a group of members to one member,
(d)
may be varied or revoked by a further direction, and
(e)
is subject to rules under section 106.
8     (1)
The President may make arrangements for the allocation of proceedings to
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members of the Tribunal.
      (2)
Arrangements under this paragraph—
(a)
may permit allocation by the President or another member of the
Tribunal,
(b)
may permit the allocation of a case to a specified member or to a
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specified class of member,
(c)
may include provision for transfer, and
(d)
are subject to rules under section 106.
Staff
9
The Lord Chancellor may appoint staff for the Tribunal.
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Money
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The Lord Chancellor—
(a)
may pay remuneration and allowances to members of the Tribunal,
(b)
may pay remuneration and allowances to staff of the Tribunal, and
(c)
may defray expenses of the Tribunal.
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The Lord Chancellor may pay compensation to a person who ceases to be a member
of the Tribunal if the Lord Chancellor thinks it appropriate because of special
circumstances.