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Asylum and Immigration (Treatment of Claimants, etc.) Bill


 

 

Asylum and Immigration (Treatment of Claimants, etc.) Bill

15

 

(a)   

general, or

(b)   

effected so that the State or part remains listed in respect of a

description of person.”

(4)   

After section 112(5) of that Act (orders, &c.) insert—

“(5A)   

If an instrument makes provision under section 94(5) and 94(6)—

5

(a)   

subsection (4)(b) above shall apply, and

(b)   

subsection (5)(b) above shall not apply.”

Removal and detention

13      

Removing asylum seeker to safe country

(1)   

Schedule 3 (which concerns the removal of persons claiming asylum to

10

countries known to protect refugees and to respect human rights) shall have

effect.

(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

to have effect.

15

(3)   

The following provisions of the Nationality, Immigration and Asylum Act 2002

(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”

removal).

20

14      

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

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

25

him” substitute “and that person is not detained in pursuance of the sentence

or order of any court”.

(2)   

In paragraph 2(2) of that Schedule (detention following notice of deportation)

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

30

release him” substitute “and he is not detained in pursuance of the sentence or

order of a court”.

15      

Deportation or removal: cooperation

(1)   

The Secretary of State may require a person to take specified action if the

Secretary of State thinks that—

35

(a)   

the action will or may enable a travel document to be obtained by or for

the person, and

(b)   

possession of the travel document will facilitate the person’s

deportation or removal from the United Kingdom.

(2)   

In particular, the Secretary of State may require a person to—

40

(a)   

provide information or documents to the Secretary of State or to any

other person;

 

 

 

 

Asylum and Immigration (Treatment of Claimants, etc.) Bill

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(b)   

obtain information or documents;

(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);

5

(d)   

make, or consent to or cooperate with the making of, an application to

a person acting for the government of a State other than the United

Kingdom;

(e)   

cooperate with a process designed to enable determination of an

application;

10

(f)   

complete a form accurately and completely;

(g)   

attend an interview and answer questions accurately and completely;

(h)   

make an appointment.

(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).

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(4)   

A person guilty of an offence under subsection (3) shall be liable—

(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.

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(5)   

If a constable or immigration officer reasonably suspects that a person has

committed an offence under subsection (3) he may arrest the person without

warrant.

(6)   

An offence under subsection (3) shall be treated as—

(a)   

a relevant offence for the purposes of sections 28B and 28D of the

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Immigration Act 1971 (c. 77) (search, entry and arrest), and

(b)   

an offence under Part III of that Act (criminal proceedings) for the

purposes of sections 28(4), 28E, 28G and 28H (search after arrest, &c.) of

that Act.

(7)   

In subsection (1)—

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“travel document” means a passport or other document which is issued

by or for Her Majesty’s Government or the government of another State

and which enables or facilitates travel from the United Kingdom to

another State, and

   

“removal from the United Kingdom” means removal under—

35

(a)   

Schedule 2 to the Immigration Act 1971 (control on entry)

(including a provision of that Schedule as applied by another

provision of the Immigration Acts),

(b)   

section 10 of the Immigration and Asylum Act 1999 (c. 33)

(removal of person unlawfully in United Kingdom), or

40

(c)   

Schedule 3 to this Act.

(8)   

An order under section 27 providing for this section to come into force may, in

particular, provide for this section to have effect with specified modifications

before the coming into force of a provision of the Nationality, Immigration and

Asylum Act 2002 (c. 41) or of this Act.

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Asylum and Immigration (Treatment of Claimants, etc.) Bill

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16      

Electronic monitoring

(1)   

In this section—

(a)   

“residence restriction” means a restriction as to residence imposed

under—

(i)   

paragraph 21 of Schedule 2 to the Immigration Act 1971 (c. 77)

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(control on entry) (including that paragraph as applied by

another provision of the Immigration Acts), or

(ii)   

Schedule 3 to that Act (deportation),

(b)   

“reporting restriction” means a requirement to report to a specified

person imposed under any of those provisions,

10

(c)   

“employment restriction” means a restriction as to employment or

occupation imposed under any of those provisions, and

(d)   

“immigration bail” means—

(i)   

release under a provision of the Immigration Acts on entry into

a recognizance or bail bond, and

15

(ii)   

bail granted in accordance with a provision of the Immigration

Acts by a court, a justice of the peace, the sheriff, the Asylum

and Immigration Tribunal, the Secretary of State or an

immigration officer (but not by a police officer or by the Special

Immigration Appeals Commission).

20

(2)   

Where a residence restriction is imposed on an adult—

(a)   

he may be required to cooperate with electronic monitoring, and

(b)   

failure to comply with a requirement under paragraph (a) shall be

treated for all purposes of the Immigration Acts as failure to observe

the residence restriction.

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(3)   

Where a reporting restriction could be imposed on an adult—

(a)   

he may instead be required to cooperate with electronic monitoring,

and

(b)   

the requirement shall be treated for all purposes of the Immigration

Acts as a reporting restriction.

30

(4)   

Immigration bail may be granted to an adult subject to a requirement that he

cooperate with electronic monitoring; and the requirement may (but need not)

be imposed as a condition of a recognizance or bail bond.

(5)   

In this section a reference to requiring an adult to cooperate with electronic

monitoring is a reference to requiring him to cooperate with such

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arrangements as the person imposing the requirement may specify for

detecting and recording by electronic means the location of the adult, or his

presence in or absence from a location—

(a)   

at specified times,

(b)   

during specified periods of time, or

40

(c)   

throughout the currency of the arrangements.

(6)   

In particular, arrangements for the electronic monitoring of an adult—

(a)   

may require him to wear a device;

(b)   

may require him to make specified use of a device;

(c)   

may prohibit him from causing or permitting damage of or interference

45

with a device;

(d)   

may prohibit him from taking or permitting action that would or might

prevent the effective operation of a device;

 

 

 

 

Asylum and Immigration (Treatment of Claimants, etc.) Bill

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(e)   

may require him to communicate in a specified manner and at specified

times or during specified periods of time;

(f)   

may involve the performance of functions by persons other than the

person imposing the requirement to cooperate with electronic

monitoring (and those functions may relate to any aspect or condition

5

of a residence restriction, of a reporting restriction, of an employment

restriction, of a requirement under this section or of immigration bail).

(7)   

In this section “adult” means an individual who appears to be at least 18 years

old in the opinion of a person who—

(a)   

imposes a residence restriction,

10

(b)   

could impose a reporting restriction, or

(c)   

grants immigration bail.

(8)   

The Secretary of State—

(a)   

may make rules about arrangements for electronic monitoring for the

purposes of this section, and

15

(b)   

when he thinks that satisfactory arrangements for electronic

monitoring are available in respect of an area, shall notify persons

likely to be in a position to exercise power under this section in respect

of the area.

(9)   

Rules under subsection (8)(a) may, in particular, require that arrangements for

20

electronic monitoring impose on a person of a specified description

responsibility for specified aspects of the operation of the arrangements.

(10)   

A requirement to cooperate with electronic monitoring—

(a)   

shall comply with rules under subsection (8)(a), and

(b)   

may not be imposed in respect of an adult who is or is expected to be in

25

an area unless the person imposing the requirement has received a

notification from the Secretary of State under subsection (8)(b) in

respect of that area.

(11)   

Rules under subsection (8)(a)—

(a)   

may include incidental, consequential or transitional provision,

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(b)   

may make provision generally or only in relation to specified cases,

circumstances or areas,

(c)   

shall be made by statutory instrument, and

(d)   

shall be subject to annulment in pursuance of a resolution of either

House of Parliament.

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(12)   

Before the commencement of section 11 a reference in this section to the

Asylum and Immigration Tribunal shall be treated as a reference to—

(a)   

a person appointed, or treated as if appointed, as an adjudicator under

section 81 of the Nationality, Immigration and Asylum Act 2002 (c. 41)

(appeals), and

40

(b)   

the Immigration Appeal Tribunal.

Immigration services

17      

Immigration Services Commissioner: power of entry

(1)   

After section 92 of the Immigration and Asylum Act 1999 (c. 33) (offences:

 

 

 

 

Asylum and Immigration (Treatment of Claimants, etc.) Bill

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enforcement) insert—

“92A    

    Investigation of offence: power of entry

(1)   

On an application made by the Commissioner a justice of the peace may

issue a warrant authorising the Commissioner to enter and search

premises.

5

(2)   

A justice of the peace may issue a warrant in respect of premises only if

satisfied that there are reasonable grounds for believing that—

(a)   

an offence under section 91 has been committed,

(b)   

there is material on the premises which is likely to be of

substantial value (whether by itself or together with other

10

material) to the investigation of the offence, and

(c)   

any of the conditions specified in subsection (3) is satisfied.

(3)   

Those conditions are—

(a)   

that it is not practicable to communicate with a person entitled

to grant entry to the premises,

15

(b)   

that it is not practicable to communicate with a person entitled

to grant access to the evidence,

(c)   

that entry to the premises will be prevented unless a warrant is

produced, and

(d)   

that the purpose of a search may be frustrated or seriously

20

prejudiced unless the Commissioner can secure immediate

entry on arrival at the premises.

(4)   

The Commissioner may seize and retain anything for which a search is

authorised under this section.

(5)   

A person commits an offence if without reasonable excuse he obstructs

25

the Commissioner in the exercise of a power by virtue of this section.

(6)   

A person guilty of an offence under subsection (5) shall be liable on

summary conviction to—

(a)   

imprisonment for a term not exceeding six months,

(b)   

a fine not exceeding level 5 on the standard scale, or

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(c)   

both.

(7)   

In this section—

(a)   

a reference to the Commissioner includes a reference to a

member of his staff authorised in writing by him,

(b)   

a reference to premises includes a reference to premises used

35

wholly or partly as a dwelling, and

(c)   

a reference to material includes a reference to material—

(i)   

whether or not it is material subject to legal privilege,

excluded material or special procedure material (in each

case within the meaning of the Police and Criminal

40

Evidence Act 1984 (c. 60)), and

(ii)   

whether or not it would be admissible in evidence at a

trial.

(8)   

In the application of this section to Scotland a reference to a justice of

the peace shall be taken as a reference to the sheriff or a justice of the

45

peace.

 

 

 

 

Asylum and Immigration (Treatment of Claimants, etc.) Bill

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(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)).”

(2)   

In paragraph 7 of Schedule 5 to the Immigration and Asylum Act 1999 (c. 33)

5

(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)”,

10

(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

15

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).”

18      

Offence of advertising services

20

After section 92A of the Immigration and Asylum Act 1999 (inserted by section

17 above) insert—

“92B    

    Advertising

(1)   

A person commits an offence if—

(a)   

he offers to provide immigration advice or immigration

25

services, and

(b)   

provision by him of the advice or services would constitute an

offence under section 91.

(2)   

For the purpose of subsection (1) a person offers to provide advice or

services if he—

30

(a)   

makes an offer to a particular person or class of person,

(b)   

makes arrangements for an advertisement in which he offers to

provide advice or services, or

(c)   

makes arrangements for an advertisement in which he is

described or presented as competent to provide advice or

35

services.

(3)   

A person guilty of an offence under this section shall be liable on

summary conviction to a fine not exceeding level 4 on the standard

scale.

(4)   

Subsections (3) to (7) of section 91 shall have effect for the purposes of

40

this section as they have effect for the purposes of that section.

(5)   

An information relating to an offence under this section may in

England and Wales be tried by a magistrates’ court if—

(a)   

it is laid within the period of six months beginning with the date

(or first date) on which the offence is alleged to have been

45

committed, or

 

 

 

 

Asylum and Immigration (Treatment of Claimants, etc.) Bill

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(b)   

it is laid—

(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

5

the date on which the commission of the offence came to

his notice.

(6)   

A complaint charging the commission of an offence under this section

may in Northern Ireland be heard and determined by a magistrates’

court if—

10

(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

(b)   

it is made—

(i)   

within the period of two years beginning with that date,

15

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.”

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19      

Appeal to Immigration Services Tribunal

Section 87(3)(f) of the Immigration and Asylum Act 1999 (c. 33) (appeal to

Tribunal against deferral of decision) shall cease to have effect.

20      

Professional bodies

(1)   

Section 86 of the Immigration and Asylum Act 1999 (designated professional

25

bodies) shall be amended as follows.

(2)   

For subsection (2) substitute—

“(2)   

The Secretary of State may by order remove a body from the list in

subsection (1) if he considers that the body—

(a)   

has failed to provide effective regulation of its members in their

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provision of immigration advice or immigration services, or

(b)   

has failed to comply with a request of the Commissioner for the

provision of information (whether general or in relation to a

particular case or matter).”

(3)   

For subsection (9)(b) substitute—

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“(b)   

report to the Secretary of State if the Commissioner considers

that a designated professional body—

(i)   

is failing to provide effective regulation of its members

in their provision of immigration advice or immigration

services, or

40

(ii)   

has failed to comply with a request of the Commissioner

for the provision of information (whether general or in

relation to a particular case or matter).”

 

 

 
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