S.C.B.
Amendment Paper as at
Tuesday 27th January 2004
STANDING COMMITTEE B
ASYLUM AND IMMIGRATION (TREATMENT OF CLAIMANTS, ETC.) BILL
NOTE
The Amendments have been arranged in accordance with the Orders of the Committee [8th and 13th January].
Mr Mark Oaten
Mr David Heath
175
Clause 20, page 20, line 33, at end insert
'(3A) The Secretary of State shall publish a full explanation of the method used to calculate
(a) | the administrative costs of determining each type of application, and |
(b) | the benefits he thinks are likely to accrue to the person in relation to each type of application.'. |
Mr Mark Oaten
Mr David Heath
176
Clause 21, page 21, line 9, at end insert ', provided that no fee will be charged if the previous passport was stolen, mislaid by the Home Office, mislaid by the Post Office, lost or damaged in a way which was not the fault or responsibility of the applicant, or not available to the Home Office at the time of the decision on the application.'.
NEW CLAUSES
Information about passengers
Beverley Hughes
NC16
To move the following Clause:
'In paragraph 27B of Schedule 2 to the Immigration Act 1971 (c.77) (control on entry: provision of information about passengers) after sub-paragraph (4) insert
"(4A) The officer may ask the carrier to provide a copy of all or part of a document that relates to a passenger and contains passenger information."'.
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
Annabelle Ewing
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.'.