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| (a) | confirms that he is within that description, or |
| (b) | can be shown by documentary evidence to be within that description.'. |
Mr Mark Oaten
Mr David Heath
151
Clause 11, page 13, line 12, leave out paragraphs (a) and (b).
Mr Mark Oaten
Mr David Heath
92
Clause 11, page 13, line 17, leave out 'or other'.
Mr Mark Oaten
Mr David Heath
93
Clause 11, page 13, line 17, at end insert 'or'.
Mr Mark Oaten
Mr David Heath
94
Clause 11, page 13, line 18, leave out from 'opinion' to end of line 20.
Beverley Hughes
129
Clause 11, page 13, line 20, at end insert—'(1A) In section 94(4) of that Act omit paragraphs (a) to (j).'.
Mr Andrew Turner
124
Clause 11, page 13, line 31, at end add—'(4) The Secretary of State shall—
| (a) | cause to be maintained a record of the use of legal aid for purposes connected with this and the principal Act; |
| (b) | regularly review the success of legal practitioners in pursuing with the assistance of legal aid cases under this and the principal Act and the extent to which they have pursued unfounded human rights or asylum claims; |
| (c) | publish statistics on the cost and success rate of each legal practitioner; and |
| (d) | withdraw from eligibility to receive legal aid payments practitioners who in his opinion are not achieving good value for money.'. |
Beverley Hughes
131
Schedule 3, page 35, line 1, leave out sub-sub-paragraph (b) and insert—
| '(b) | from which a person will not be sent to another State in contravention of his Convention rights,'. |
Mr Mark Oaten
Mr David Heath
153
Schedule 3, page 35, line 1, leave out sub-sub-paragraph (b).
Mr Mark Oaten
Mr David Heath
154
Schedule 3, page 35, line 26, leave out sub-sub-paragraph (b).
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 sub-sub-paragraph (b) and insert—
| '(b) | from which a person will not be sent to another State in contravention of his Convention rights,'. |
Mr Mark Oaten
Mr David Heath
155
Schedule 3, page 35, line 42, leave out sub-sub-paragraph (b).
Beverley Hughes
136
Schedule 3, page 35, line 46, at end insert—
'PART 2
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
156
Schedule 3, page 37, line 41, at end insert 'which is a member of the European Union'.
Mr Mark Oaten
Mr David Heath
157
Clause 14, page 14, line 16, at beginning insert 'Subject to subsection (1A),'.
Mr Mark Oaten
Mr David Heath
158
Clause 14, page 14, line 21, at end insert—'(1A) The Secretary of State may not require any such action to be taken until after the final determination of all proceedings concerning a person or a dependant family member in relation to—
| (a) | an asylum claim made under the Refugee Convention, |
| (b) | a claim made under the European Convention on Human Rights, |
| (c) | an application for leave to remain under the provisions of the Immigration Acts, or |
| (d) | an application for leave to remain under a published policy provision.'. |
Mr Mark Oaten
Mr David Heath
159
Clause 14, page 14, line 39, at end insert—'(3A) Where a person is charged with an offence under subsection (3) above, and relies on a defence of reasonable excuse, if the person adduces evidence which is sufficient to raise an issue with respect to the matter, the court or jury shall assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.'.
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| ©Parliamentary copyright 2004 | Prepared 22 Jan 2004 |