Vote Bundle Text (940122-03)

Amendments proposed to the Asylum and Immigration (treatment of Claimants, Etc.) Bill - continued	House of Commons

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Duty of carrier in relation to travel documents

Mr Humfrey Malins
Angela Watkinson

NC1

To move the following Clause:—

'(1) A carrier of a person from outside the United Kingdom to a United Kingdom airport commits an offence if it fails to present the person's travel documents, or a copy of those documents, to an immigration officer in the United Kingdom on request.

(2) A carrier guilty of an offence under this section shall be liable to a fine not exceeding the statutory maximum for any one offence.

(3) A carrier shall be entitled to be reimbursed by the Secretary of State all reasonable costs incurred by it in relation to this section.'.

Charges

Mr Humfrey Malins
Angela Watkinson

NC2

To move the following Clause:—

'At the end of section 5 of the Immigration and Asylum Act 1999 (c.33)(charges) add—

"(8) Regulations made under this section may confer discretion on the Secretary of State or another person to waive or to refund all or part of any fee in cases when, in the opinion of the Secretary of State or any person designated under the regulations, mistakes have been made, insufficient leave has been given, delays have occurred, passports have been lost or misdirected, or payments have been mishandled.".'.

Impounding of craft

Mr Andrew Turner

NC3

To move the following Clause:—

'(1) An immigration officer may impound a craft used to transport a person to the United Kingdom if it appears to him that that craft may be used or may have been used for an offence under section 2.

(2) The craft shall be released to its provider if—

(a) it appears to the immigration officer that no offence has been committed, or

(b) the provider of the craft notifies the officer of the craft's next destination, being outside the United Kingdom, and agrees to remove the person whom the immigration officer suspects of committing the offence with the craft to that destination.

(3) In this section—

"craft" means any boat, ship, aeroplane, hovercraft, balloon, airship, rocket, train, tractor, motor-car, carriage or any other movable structure used in the commission of an offence under subsections (1) and (2) of section 2;

"provider" means the person having charge of the craft.'.

Failure to report to immigration officer upon arrival in United Kingdom

Mr Andrew Turner

NC4

To move the following Clause:—

'(1) A person commits an offence if he fails to report to an immigration officer upon arrival in the United Kingdom.

(2) It is a defence for a person charged with an offence under subsection (1) to prove that he arrived at a non-canalized port but contacted an immigration officer and—

(a) left an address at which the person could be contacted during the ensuing seven days; and

(b) left the name of a person with the right of abode in the United Kingdom who would take responsibility for any cost falling to be met by public funds of his stay in the United Kingdom.

(3) In this section "non-canalized port" means an airport, harbour or other landfall (whether reached by land, sea or air) at a time when no immigration officer is on duty.'.

Provision of passenger information

Mr Mark Oaten
Mr David Heath

NC5

To move the following Clause—

' In paragraph 27(2) of Schedule 2 to the Immigration Act 1971, after sub-sub-paragraph (a), insert—

"(aa) a photocopy or electronic copy of each passenger's passport or travel document;".'.

Obstruction of immigration officer

Mr Andrew Turner

NC6

To move the following Clause:—

'It shall be an offence to obstruct an immigration officer in the course of his duties.'.

Interpretation of Refugee Convention

Mr Andrew Turner

NC7

To move the following Clause:—

'(1) In Article 31 of the Refugee Convention—

"directly" means without transit through or landfall (whether by land, sea or air) in a safe country.

(2) In subsection (1)—

"the Refugee Convention" means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its protocol;

"safe country" include the countries listed in paragraph 2 of Schedule 3 to this Act and such other countries as the Secretary of State may designate.'.

Detention by Secretary of State

Mr Neil Gerrard

NC8

To move the following Clause:—

'(1) Section 62 of the Immigration, Nationality and Asylum Act 2002 (c.41) (detention by the Secretary of State) shall be amended as follows.

(2) In subsection (1) insert the words "over the age of eighteen" after the word "person" in the first line.

(3) After subsection (3) insert—

"(3A) A provision of Schedule 2 to that Act about a person who is detained or liable to detention under that Schedule shall only apply to a person over the age of eighteen.

(3B) Nothing in Schedule 2 to that Act or in this section shall permit the detention of a person if the result of that detention would be the detention of a person under the age of eighteen.".'.

Late claim for asylum: refusal of support: appeals

Mr Mark Oaten
Mr David Heath

NC9

To move the following Clause:—

'In section 55 of the Nationality, Immigration and Asylum Act 2002 (late claim for asylum: refusal of support), omit subsection (10).'.

Asylum support: back payments

Mr Mark Oaten
Mr David Heath

NC10

To move the following Clause:—

'In Schedule 8 of the Immigration and Asylum Act 1999 (provision of support: regulations) after paragraph 12, insert—

"13 The regulations may make provision for the back payment of a regular support payment not received by the claimant".'.

Termination of NASS support

Mr Mark Oaten
Mr David Heath

NC11

To move the following Clause:—

'For subsection 94(3) of the Immigration and Asylum Act 1999 substitute—

"(3) For the purposes of this Part, a claim for asylum is determined at the end of such period beginning—

(a) on the day on which the Secretary of State notifies the claimant of the associated termination of his or her support, or

(b) if the claimant has appealed against the Secretary of State's decision, and the appeal has been disposed of, on the day on which the Secretary of State notifies the appellant of the associated termination of his or her support, as may be prescribed.".'.

Victims of domestic violence: recourse to public funds

Mr Mark Oaten
Mr David Heath

NC12

To move the following Clause:—

'Individuals who apply for indefinite leave to remain in the United Kingdom under paragraph 289A of the Immigration Rules (Refusal of indefinite leave to remain in the United Kingdom as the victim of domestic violence) shall have recourse to public funds while their application is being considered.'.

Detention of under-18s

Mr Mark Oaten
Mr David Heath

NC13

To move the following Clause:—

'In section 62 of the Nationality, Immigration and Asylum Act 2002 after subsection (3), insert—

"(3A) Nothing in this section, or in Schedule 2 to the Immigration Act 1971 (c. 77) shall permit—

(a) the detention of a person under the age of 18 for more than 7 days, or, in exceptional circumstances, 10 days, or

(b) the detention of a person if the result of that detention would be the detention of a person under the age of eighteen for a period of more than 7 days, or, in exceptional circumstances, 10 days.".'.

False information

Mr Andrew Turner

NC15

To move the following Clause:—

' It shall be an offence knowingly or recklessly to give false information in relation to an application for asylum or an application to migrate to the United Kingdom.'.

Migration statistics

Mr Andrew Turner

NC17

To move the following Clause:—

'(1) The Secretary of State shall, each year, publish information on the number of persons subject to immigration control who—

(a) in the immediately forgoing year have arrived in or departed from the United Kingdom;

(b) are estimated in the year in which the information is published to have arrived in or departed from the United Kingdom; and

(d) the number of their dependants resident outside the United Kingdom.

(2) Information published under this section shall, as far as possible, distinguish

(a) those persons—

(i) seeking asylum,

(ii) granted asylum,

(iii) removed having been refused asylum,

(iv) in the United Kingdom pending decision,

(v) in the United Kingdom pending removal, and

and the number of dependants of each;

(b) those persons with permission to settle in the United Kingdom and—

(i) doing so; and

(ii) not doing so.

(c) those persons who have been granted extraordinary leave, or are otherwise lawfully entitled, to remain in the United Kingdom and are—

(i) doing so; and

(ii) not doing so.

(d) the number of persons unlawfully in the United Kingdom;

(e) the age and gender of such persons covered by (a), (b), (c) or (d) above.

(3) Where any information subject to this section is not available to him, the Secretary of State shall publish his best estimate.'.

Responsibilities of masters of vessels, etc

Mr Andrew Turner

NC18

To move the following Clause:—

'(1) The master of a vessel used to convey a person who is the subject of immigration control to the United Kingdom—

(a) shall deliver to an immigration officer a list ("the manifest") of all such persons whether passengers or crew;

(b) shall not remove the vessel until authorised to do so by an immigration officer.

(2) Failure to comply with subsection (1) shall be an offence.

(3) An immigration officer shall authorise the removal of the vessel—

(a) when all persons so listed have reported to an immigration officer; or

(b) in such other circumstances as he considers appropriate.

(4) In order to ensure that any person so listed either reports to an immigration officer or returns to the vessel the master shall have authority over that person as if he were still aboard the vessel.

(5) The Secretary of State may, by order subject to the approval of each House of Parliament, amend the Civil Aviation Act 1982 and the Merchant Shipping Act 1995 to secure that the master of a vessel has power to arrest and deliver up to an immigration officer any person aboard or having disembarked from that vessel whom he reasonably believes may be subject to immigration control and not to have reported to an immigration officer.

(6) The Secretary of State may, by order subject to the negative procedure, amend any regulation in order to secure, subject to any enactment, that the master of a vessel have power to arrest and deliver up to an immigration officer any person aboard or having disembarked from that vessel whom he reasonably believes may be subject to immigration control and not to have reported to an immigration officer.

(7) The Secretary of State may, by order subject to the approval of each House of Parliament, make regulations under this section to secure that the driver of a train, motor car or similar vehicle or a person authorised by him shall have power to arrest and deliver up to an immigration officer any person aboard or having disembarked from that vehicle whom he reasonably believes may be subject to immigration control and not to have reported to an immigration officer.

(8) In this section "vessel" includes any craft whether used by land, sea or air and "master" shall be construed accordingly.'.