|
Beverley Hughes
131
Schedule 3, page 35, line 1, leave out paragraph (b) and insert—
| '(b) | from which a person will not be sent to another State in contravention of his Convention rights,'. |
Beverley Hughes
132
Schedule 3, page 35, line 27, leave out ', because of circumstances of or relating to that State,'.
Beverley Hughes
133
Schedule 3, page 35, line 29, at end insert 'because of the possibility of removal from that State to another State.'.
Beverley Hughes
134
Schedule 3, page 35, line 33, at end insert '; and the Secretary of State shall certify a human rights claim to which this sub-paragraph applies unless satisfied that the claim is not clearly unfounded.'.
Beverley Hughes
135
Schedule 3, page 35, line 42, leave out paragraph (b) and insert—
| '(b) | from which a person will not be sent to another State in contravention of his Convention rights,'. |
Beverley Hughes
136
Schedule 3, page 35, line 46, at end insert—
'PART 2
A Second list of safe countries (refugee convention and human rights (2))
| | 6A | (1) This Part applies to such States as the Secretary of State may by order specify. |
| (2) | An order under this paragraph— |
(a) shall be made by statutory instrument, and
(b) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.
| | 6B | (1) This paragraph applies for the purposes of the determination by any person, tribunal or court whether a person who has made an asylum claim may be removed— |
(a) from the United Kingdom, and
(b) to a State of which he is not a national or citizen.
| (2) | A State to which this Part applies shall be treated, in so far as relevant to the question mentioned in sub-paragraph (1), as a place— |
(a) where a person's life and liberty are not threatened by reason of his race, religion, nationality, membership of a particular social group or political opinion, and
(b) from which a person will not be sent to another State otherwise than in accordance with the Refugee Convention.
| | 6C | Section 77 of the Nationality, Immigration and Asylum Act 2002 (c.41) (no removal while claim for asylum pending) shall not prevent a person who has made a claim for asylum from being removed— |
(a) from the United Kingdom, and
(b) to a State to which this Part applies;
provided that the Secretary of State certifies that in his opinion the person is not a national or citizen of the State.
| | 6D | (1) This paragraph applies where the Secretary of State certifies that— |
(a) it is proposed to remove a person to a State to which this Part applies, and
(b) in the Secretary of State's opinion the person is not a national or citizen of the State.
| (2) | The person may not bring an immigration appeal by virtue of section 92(2) or (3) of that Act (appeal from within United Kingdom: general). |
| (3) | The person may not bring an immigration appeal by virtue of section 92(4)(a) of that Act (appeal from within United Kingdom: asylum or human rights) in reliance on an asylum claim which asserts that to remove the person to a specified State to which this Part applies would breach the United Kingdom's obligations under the Refugee Convention. |
| (4) | The person may not bring an immigration appeal by virtue of section 92(4)(a) of that Act in reliance on a human rights claim if the Secretary of State certifies that the claim is clearly unfounded; and the Secretary of State shall certify a human rights claim where this paragraph applies unless satisfied that the claim is not clearly unfounded. |
| | 6E | A person who is outside the United Kingdom may not bring an immigration appeal on any ground that is inconsistent with treating a State to which this Part applies as a place— |
(a) where a person's life and liberty are not threatened by reason of his race, religion, nationality, membership of a particular social group or political opinion, and
(b) from which a person will not be sent to another State otherwise than in accordance with the Refugee Convention.'.
Beverley Hughes
137
Schedule 3, page 36, line 2, leave out 'SECOND' and insert 'THIRD'.
Beverley Hughes
138
Schedule 3, page 37, line 39, leave out paragraph 15 and insert—
| '15(1) | The Secretary of State may by order add a State to the list specified in paragraph 2. |
| (2) | The Secretary of State may by order— |
(a) add a State to a list specified under paragraph 6A or 7, or
(b) remove a State from a list specified under paragraph 6A or 7.
| 16(1) | An order under paragraph 15(1) or (2)(a)— |
(a) shall be made by statutory instrument,
(b) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament, and
(c) may include transitional provision.
| (2) | An order under paragraph 15(2)(b)— |
(a) shall be made by statutory instrument,
(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament, and
(c) may include transitional provision.'.
Mr Mark Oaten
Mr David Heath
95
Clause 16, page 18, line 14, leave out from 'dwelling' to end of line 21 and insert—
'(7A) Nothing in this section shall authorise the disclosure of documents or information subject to legal privilege.'.
Mr Mark Oaten
Mr David Heath
96
Clause 16, page 18, line 23, leave out 'or a justice of the peace'.
Beverley Hughes
147
*Clause 16, page 18, line 24, at end insert—
'(9) In the application of this section to Northern Ireland the reference to the Police and Criminal Evidence Act 1984 (c.60) shall be taken as a reference to the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).".'.
Beverley Hughes
148
*Clause 16, page 18, line 24, at end insert—
'(2) In paragraph 7 of Schedule 5 to the Immigration and Asylum Act 1999 (c.33) (investigation of complaints, &c.: power of entry)—
| (a) | in sub-paragraph (1)(b) after "(b)" insert ", (c)", |
| (b) | in sub-paragraph (1)(c) for "registered person." substitute "registered or exempt person.", |
| (c) | in sub-paragraph (1A)(a) after "(b)" insert ", (c)", |
| (d) | in sub-paragraph (1A)(b) for "registered person." substitute "registered or exempt person.", and |
| (e) | after sub-paragraph (8) insert— |
"(9) Sub-paragraphs (7) and (8) shall apply to an exempt person as they apply to a registered person, but with a reference to cancellation of registration being treated as a reference to withdrawal of exemption.
| (10) | In this paragraph "exempt person" means a person certified by the Commissioner as exempt under section 84(4)(a).".'. |
Beverley Hughes
149
*Clause 17, page 19, line 14, at end insert—
'( ) A complaint charging the commission of an offence under this section may in Northern Ireland be heard and determined by a magistrates' court if—
| (a) | it is made within the period of six months beginning with the date (or first date) on which the offence is alleged to have been committed, or |
| (i) | within the period of two years beginning with that date, and |
| (ii) | within the period of six months beginning with a date certified by the Immigration Services Commissioner as the date on which the commission of the offence came to his notice.".'. |
Annabelle Ewing
144
Clause 19, page 19, line 27, after 'information', insert 'in relation to the provision of immigration advice or immigration services by a person regulated by a designated professional body.'.
Annabelle Ewing
145
Clause 19, page 19, line 36, after 'information', insert 'in relation to the provision of immigration advice or immigration services by a person regulated by a designated professional body.'.
Annabelle Ewing
146
Clause 19, page 19, line 40, after 'information', insert 'in relation to the provision of immigration advice or immigration services by a person regulated by a designated professional body.'.
Mr Humfrey Malins
Angela Watkinson
76
Clause 20, page 20, line 43, at end add—
'(6) No fee shall be prescribed under the provisions of this section in respect of any application or process in respect of a student, prospective student, student nurse, postgraduate doctor, postgraduate dentist, trainee general practitioner, academic visitor or a dependent of such a person.'.
Mr Humfrey Malins
Angela Watkinson
77
Clause 20, page 20, line 43, at end add—
'(6) Instruments prescribing fees under the provisions of this section shall ensure that no student, prospective student, student nurse, postgraduate doctor, postgraduate dentist, trainee general practitioner, academic visitor or dependent of such a person shall have to pay more than once in any period of ten years a fee that exceeds the administrative cost of determining the application or undertaking the process.'.
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