|
| |
|
(iii) | uttering and fraud, |
| |
| |
| |
| |
(c) | an offence under section 57 of the Offences against the Person Act 1861 |
| 5 |
| |
(d) | an offence under section 3 or 4 of the Perjury Act 1911 (c. 6) (false |
| |
| |
(e) | an offence under section 7 of that Act (aiding, abetting &c.) if it relates |
| |
to an offence under section 3 or 4 of that Act, |
| 10 |
(f) | an offence under section 53 of the Registration of Births, Marriages and |
| |
Deaths (Scotland) Act 1965 (knowingly giving false information to |
| |
district registrar, &c.), |
| |
(g) | an offence under any of the following provisions of the Theft Act 1968 |
| |
| 15 |
| |
(ii) | section 15 (obtaining property by deception), |
| |
(iii) | section 16 (obtaining pecuniary advantage by deception), |
| |
(iv) | section 17 (false accounting), and |
| |
(v) | section 22 (handling stolen goods), |
| 20 |
(h) | an offence under section 1, 15, 16, 17 or 21 of the Theft Act (Northern |
| |
Ireland) 1969 (c. 16) (N.I.), |
| |
(i) | an offence under section 1 or 2 of the Theft Act 1978 (c. 31) (obtaining |
| |
services, or evading liability, by deception), |
| |
(j) | an offence under Article 3 or 4 of the Theft (Northern Ireland) Order |
| 25 |
1978 (S.I. 1978/1407 (N.I. 23)), |
| |
(k) | an offence under Article 8 or 9 of the Perjury (Northern Ireland) Order |
| |
1979 (S.I. 1979/1714 (N.I. 19)), |
| |
(l) | an offence under Article 12 of that Order if it relates to an offence under |
| |
Article 8 or 9 of that Order, and |
| 30 |
(m) | an offence under any of the following provisions of the Forgery and |
| |
Counterfeiting Act 1981 (c. 45)— |
| |
| |
(ii) | section 2 (copying false instrument), |
| |
(iii) | section 3 (using false instrument), |
| 35 |
(iv) | section 4 (using copy of false instrument), and |
| |
(v) | section 5(1) and (3) (false documents). |
| |
(3) | The following provisions of the Immigration Act 1971 (c. 77) shall have effect |
| |
for the purpose of making, or in connection with, an arrest under this section |
| |
as they have effect for the purpose of making, or in connection with, arrests for |
| 40 |
| |
(a) | section 28C (entry and search before arrest), |
| |
(b) | sections 28E and 28F (entry and search after arrest), |
| |
(c) | sections 28G and 28H (search of arrested person), and |
| |
(d) | section 28I (seized material). |
| 45 |
(4) | In section 19D(5)(a) of the Race Relations Act 1976 (c. 74) (permitted |
| |
| |
(a) | for “(within the meaning of section 158 of the Nationality, Immigration |
| |
and Asylum Act 2002)” substitute “(within the meaning of section 22 of |
| |
|
| |
|
| |
|
the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004)”, |
| |
| |
(b) | at the end add “and excluding section 8 of the Asylum and Immigration |
| |
(Treatment of Claimants, etc.) Act 2004”. |
| |
| 5 |
(1) | Section 141 of the Immigration and Asylum Act 1999 (c. 33) (fingerprinting) |
| |
shall be amended as follows. |
| |
(2) | In subsection (7) for paragraph (c) substitute— |
| |
“(c) | any person (“C”) in respect of whom a relevant immigration |
| |
decision has been made;”. |
| 10 |
(3) | In subsection (8) for paragraph (c) substitute— |
| |
“(c) | for C, on the service on him of notice of the relevant |
| |
immigration decision by virtue of section 105 of the Nationality, |
| |
Immigration and Asylum Act 2002 (c. 41);”. |
| |
(4) | In subsection (9) for paragraph (c) substitute— |
| 15 |
| |
(i) | the time when the relevant immigration decision ceases |
| |
to have effect, whether as a result of an appeal or |
| |
| |
(ii) | if a deportation order has been made against him, its |
| 20 |
revocation or its otherwise ceasing to have effect;”. |
| |
(5) | After subsection (15) add— |
| |
“(16) | “Relevant immigration decision” means a decision of the kind |
| |
mentioned in section 82(2)(g),(h),(i),(j) or (k) of the Nationality, |
| |
Immigration and Asylum Act 2002.” |
| 25 |
| |
10 | Unification of appeal system |
| |
(1) | For section 81 of the Nationality, Immigration and Asylum Act 2002 (appeals: |
| |
adjudicators) substitute— |
| |
| 30 |
81 | The Asylum and Immigration Tribunal |
| |
(1) | There shall be a tribunal to be known as the Asylum and Immigration |
| |
| |
(2) | Schedule 4 (which makes provision about the Tribunal) shall have |
| |
| 35 |
(3) | A reference in this Part to the Tribunal is a reference to the Asylum and |
| |
| |
(2) | In section 82(1) of that Act (right of appeal: general) for “to an adjudicator” |
| |
substitute “to the Tribunal”. |
| |
|
| |
|
| |
|
(3) | In section 83(2) of that Act (appeal: asylum claim) for “to an adjudicator” |
| |
substitute “to the Tribunal”. |
| |
(4) | For Schedule 4 to that Act (adjudicators) substitute the Schedule set out in |
| |
Schedule 1 to this Act (Asylum and Immigration Tribunal). |
| |
(5) | The following provisions of that Act shall cease to have effect— |
| 5 |
(a) | sections 100 to 103 (Immigration Appeal Tribunal), and |
| |
(b) | Schedule 5 (Immigration Appeal Tribunal). |
| |
(6) | Before section 106 of that Act (rules) insert— |
| |
| |
(1) | The Tribunal shall review its decision on an appeal if requested to do |
| 10 |
so by a party to the appeal. |
| |
(2) | A review shall be conducted by reference only to written submissions. |
| |
(3) | On a review by the Tribunal of its decision on an appeal the Tribunal |
| |
| |
| 15 |
(b) | substitute another decision, or |
| |
(c) | order a re-hearing by the Tribunal of the appeal. |
| |
(4) | On a review by the Tribunal of its decision on an appeal the Tribunal |
| |
may act under subsection (3)(b) only if satisfied that the decision |
| |
depended upon an erroneous construction or application of a provision |
| 20 |
| |
(5) | On a review by the Tribunal of its decision on an appeal the Tribunal |
| |
may act under subsection (3)(c) only if satisfied— |
| |
(a) | that the decision depended upon an erroneous construction or |
| |
application of a provision of an Act, and |
| 25 |
(b) | that, having regard to the nature or circumstances of the case |
| |
and to the nature of the review, a re-hearing is necessary |
| |
because an order under subsection (3)(b) would be |
| |
inappropriate or undesirable. |
| |
(6) | The Tribunal shall not— |
| 30 |
(a) | review its decision on an appeal more than once, or |
| |
(b) | review its decision on an appeal re-heard under this section.” |
| |
(7) | After section 108 of that Act (proceedings in private) insert— |
| |
“108A | Exclusivity and finality of Tribunal’s jurisdiction |
| |
(1) | No court shall have any supervisory or other jurisdiction (whether |
| 35 |
statutory or inherent) in relation to the Tribunal. |
| |
(2) | No court may entertain proceedings for questioning (whether by way |
| |
| |
(a) | any determination, decision or other action of the Tribunal |
| |
(including a decision about jurisdiction and a decision under |
| 40 |
| |
(b) | any action of the President or a Deputy President of the |
| |
Tribunal that relates to one or more specified cases, |
| |
|
| |
|
| |
|
(c) | any decision in respect of which a person has or had a right of |
| |
appeal to the Tribunal under— |
| |
(i) | section 82, 83 or 109 of this Act, or |
| |
(ii) | section 40A of the British Nationality Act 1981 (c. 61), |
| |
(d) | any matter which the Tribunal— |
| 5 |
(i) | was obliged to determine in accordance with section 86 |
| |
| |
(ii) | would have been obliged to determine in accordance |
| |
with that section had a right of appeal mentioned in |
| |
paragraph (c) been exercised, or |
| 10 |
(e) | a decision to remove a person from the United Kingdom, a |
| |
decision to deport a person or any action in connection with a |
| |
decision to remove a person from the United Kingdom or to |
| |
deport a person, if the removal or deportation is in consequence |
| |
of an immigration decision. |
| 15 |
(3) | Subsections (1) and (2)— |
| |
(a) | prevent a court, in particular, from entertaining proceedings to |
| |
determine whether a purported determination, decision or |
| |
action of the Tribunal was a nullity by reason of— |
| |
(i) | lack of jurisdiction, |
| 20 |
| |
| |
(iv) | breach of natural justice, or |
| |
(v) | any other matter, but |
| |
(b) | do not prevent a court from— |
| 25 |
(i) | reviewing a decision to issue a certificate under section |
| |
94 or 96 of this Act or under Schedule 3 to the Asylum |
| |
and Immigration (Treatment of Claimants, etc.) Act 2004 |
| |
(removal to safe country), or |
| |
(ii) | considering whether a member of the Tribunal has acted |
| 30 |
| |
(4) | Section 7(1) of the Human Rights Act 1998 (c. 42) (claim that public |
| |
authority has infringed Convention right) is subject to subsections (1) |
| |
| |
(5) | Nothing in this section shall prevent an appeal under section 2 or 7 of |
| 35 |
the Special Immigration Appeals Commission Act 1997 (c. 68) (appeals |
| |
| |
(6) | In this section “action” includes failure to act. |
| |
108B | Reference to appellate court |
| |
(1) | The President of the Tribunal may refer to the appropriate appellate |
| 40 |
court a point of law which arises in the course of proceedings before the |
| |
| |
(2) | The President may refer a point of law under this section only if he |
| |
thinks a reference appropriate because of— |
| |
(a) | the complexity or importance of the point of law, or |
| 45 |
(b) | an earlier decision of an appellate court on a related matter. |
| |
|
| |
|
| |
|
(3) | Where the President refers a point of law which arises in the course of |
| |
| |
(a) | the Tribunal shall submit to the appellate court— |
| |
(i) | any findings of fact made by the Tribunal in the |
| |
| 5 |
(ii) | the Tribunal’s opinion on the point of law referred, |
| |
(b) | the Tribunal shall not determine the proceedings until after |
| |
receiving the opinion of the appellate court, |
| |
(c) | the appellate court shall give its opinion on the point of law to |
| |
| 10 |
(d) | the Tribunal shall determine the proceedings, and any other |
| |
proceedings, having regard to the opinion of the appellate |
| |
| |
(4) | The President may refer a point of law only if the proceedings in the |
| |
course of which the point arises— |
| 15 |
(a) | have not been determined by the Tribunal, |
| |
(b) | are the subject of a review under section 105A that has not been |
| |
| |
(c) | having been determined are again awaiting determination as |
| |
the result of an order for re-hearing made on a review under |
| 20 |
| |
(5) | Rules of court may make provision about— |
| |
(a) | the procedure to be followed by an appellate court on a |
| |
reference under this section; |
| |
(b) | the constitution of an appellate court for the purposes of a |
| 25 |
reference under this section; |
| |
| |
(6) | No appeal shall lie to the House of Lords from any decision of an |
| |
appellate court in relation to the giving of an opinion under this section. |
| |
(7) | In this section “the appropriate appellate court” means— |
| 30 |
(a) | in relation to proceedings which are being heard or are to be |
| |
heard by the Tribunal sitting in England or in Wales, the Court |
| |
| |
(b) | in relation to proceedings which are being heard or are to be |
| |
heard by the Tribunal sitting in Scotland, the Court of Session, |
| 35 |
| |
(c) | in relation to proceedings which are being heard or are to be |
| |
heard by the Tribunal sitting in Northern Ireland, Her Majesty’s |
| |
Court of Appeal in Northern Ireland. |
| |
(8) | A nomination under subsection (1)(b) may apply generally or only in |
| 40 |
cases or circumstances specified in the nomination.” |
| |
(8) | Schedule 2 (which makes amendments consequential on this section, and |
| |
transitional provision) shall have effect. |
| |
11 | Unfounded human rights or asylum claim |
| |
(1) | In section 94 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (no |
| 45 |
appeal from within United Kingdom for unfounded human rights or asylum |
| |
|
| |
|
| |
|
claim) after subsection (5) insert— |
| |
“(5A) | If the Secretary of State is satisfied that the statements in subsection (5) |
| |
(a) and (b) are true of a State or part of a State in relation to a description |
| |
of person, an order under subsection (5) may add the State or part to the |
| |
list in subsection (4) in respect of that description of person. |
| 5 |
(5B) | Where a State or part of a State is added to the list in subsection (4) in |
| |
respect of a description of person, subsection (3) shall have effect in |
| |
relation to a claimant only if the Secretary of State is satisfied that he is |
| |
within that description (as well as being satisfied that he is entitled to |
| |
reside in the State or part). |
| 10 |
(5C) | A description for the purposes of subsection (5A) may refer to— |
| |
| |
| |
| |
| 15 |
| |
(f) | membership of a social or other group, |
| |
(g) | political opinion, or |
| |
(h) | any other attribute or circumstance that the Secretary of State |
| |
| 20 |
(2) | For section 94(6) of that Act substitute— |
| |
“(6) | The Secretary of State may by order amend the list in subsection (4) so |
| |
as to omit a State or part added under subsection (5); and the omission |
| |
| |
| 25 |
(b) | effected so that the State or part remains listed in respect of a |
| |
| |
(3) | After section 112(5) of that Act (orders, &c.) insert— |
| |
“(5A) | If an instrument makes provision under section 94(5) and 94(6)— |
| |
(a) | subsection (4)(b) above shall apply, and |
| 30 |
(b) | subsection (5)(b) above shall not apply.” |
| |
| |
12 | Removing asylum seeker to safe country |
| |
(1) | Schedule 3 (which concerns the removal of persons claiming asylum to |
| |
countries known to protect refugees and to respect human rights) shall have |
| 35 |
| |
(2) | Sections 11 and 12 of the Immigration and Asylum Act 1999 (c. 33) (removal of |
| |
asylum claimant to country under standing or other arrangements) shall cease |
| |
| |
(3) | The following provisions of the Nationality, Immigration and Asylum Act 2002 |
| 40 |
(c. 41) shall cease to have effect— |
| |
(a) | section 80 (new section 11 of 1999 Act), and |
| |
|
| |
|
| |
|
(b) | section 93 (appeal from within United Kingdom: “third country” |
| |
| |
13 | Detention pending deportation |
| |
(1) | In paragraph 2(1) of Schedule 3 to the Immigration Act 1971 (c. 77) (detention |
| |
pending deportation on recommendation by court) for the words “and that |
| 5 |
person is neither detained in pursuance of the sentence or order of any court |
| |
nor for the time being released on bail by any court having power so to release |
| |
him” substitute “and that person is not detained in pursuance of the sentence |
| |
| |
(2) | In paragraph 2(2) of that Schedule (detention following notice of deportation) |
| 10 |
for the words “and he is neither detained in pursuance of the sentence or order |
| |
of a court nor for the time being released on bail by a court having power so to |
| |
release him” substitute “and he is not detained in pursuance of the sentence or |
| |
| |
14 | Deportation or removal: cooperation |
| 15 |
(1) | The Secretary of State may require a person to take specified action if the |
| |
Secretary of State thinks that— |
| |
(a) | the action will or may enable a travel document to be obtained by or for |
| |
| |
(b) | possession of the travel document will facilitate the person’s |
| 20 |
deportation or removal from the United Kingdom. |
| |
(2) | In particular, the Secretary of State may require a person to— |
| |
(a) | provide information or documents to the Secretary of State or to any |
| |
| |
(b) | obtain information or documents; |
| 25 |
(c) | provide fingerprints, submit to the taking of a photograph or provide |
| |
information, or submit to a process for the recording of information, |
| |
about external physical characteristics (including, in particular, |
| |
features of the iris or any other part of the eye); |
| |
(d) | make, or consent to or cooperate with the making of, an application to |
| 30 |
a person acting for the government of a State other than the United |
| |
| |
(e) | cooperate with a process designed to enable determination of an |
| |
| |
(f) | complete a form accurately and completely; |
| 35 |
(g) | attend an interview and answer questions accurately and completely; |
| |
| |
(3) | A person commits an offence if he fails without reasonable excuse to comply |
| |
with a requirement of the Secretary of State under subsection (1). |
| |
(4) | A person guilty of an offence under subsection (3) shall be liable— |
| 40 |
(a) | on conviction on indictment, to imprisonment for a term not exceeding |
| |
two years, to a fine or to both, or |
| |
(b) | on summary conviction, to imprisonment for a term not exceeding six |
| |
months, to a fine not exceeding the statutory maximum or to both. |
| |
|
| |
|