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

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

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

Asylum and Immigration (Treatment of Claimants, etc.) Bill
22

(4)
After subsection (9) insert—
“(9A)
A designated professional body shall comply with a request of the
Commissioner for the provision of information (whether general or in
relation to a specified case or matter).”
(5)
For paragraph 21(2) of Schedule 5 to the Immigration and Asylum Act 1999
5
(c. 33) (Commissioner: annual report) substitute—
     “(2)
The report must, in particular, set out the Commissioner’s opinion as
to the extent to which each designated professional body has—
(a)
provided effective regulation of its members in their provision of
immigration advice or immigration services, and
10
(b)
complied with requests of the Commissioner for the provision of
information.”
Fees
21
Fees
(1)
In prescribing a fee for an application or process under a provision specified in
15
subsection (2) the Secretary of State may, with the consent of the Treasury,
prescribe an amount which is intended to—
(a)
exceed the administrative costs of determining the application or
undertaking the process, and
(b)
reflect benefits that the Secretary of State thinks are likely to accrue to
20
the person who makes the application, to whom the application relates
or by or for whom the process is undertaken, if the application is
successful or the process is completed.
(2)
Those provisions are—
(a)
section 41(2) of the British Nationality Act 1981 (c. 61) (fees for
25
applications, &c. under that Act),
(b)
section 5(1)(a) and (b) of the Immigration and Asylum Act 1999 (fees for
application for leave to remain, &c.), and
(c)
section 122 of the Nationality, Immigration and Asylum Act 2002 (c. 41)
(fees for work permit, &c.).
30
(3)
An Order in Council under section 1 of the Consular Fees Act 1980 (c. 23) (fees)
which prescribes a fee in relation to an application for the issue of a certificate
under section 10 of the Nationality, Immigration and Asylum Act 2002 (right
of abode: certificate of entitlement) may prescribe an amount which is intended
to—
35
(a)
exceed the administrative costs of determining the application, and
(b)
reflect benefits that in the opinion of Her Majesty in Council are likely
to accrue to the applicant if the application is successful.
(4)
Where an instrument prescribes a fee in reliance on this section it may include
provision for the refund, where an application is unsuccessful or a process is
40
not completed, of that part of the fee which is intended to reflect the matters
specified in subsection (1)(b) or (3)(b).
(5)
Provision included by virtue of subsection (4)—
(a)
may determine, or provide for the determination of, the amount to be
refunded;
45

Asylum and Immigration (Treatment of Claimants, etc.) Bill
23

(b)
may confer a discretion on the Secretary of State or another person
(whether in relation to determining the amount of a refund or in
relation to determining whether a refund should be made).
22
Transfer of leave stamps
(1)
Section 5 of the Immigration and Asylum Act 1999 (c. 33) (charges) shall be
5
amended as follows.
(2)
For subsection (1)(c) (transfer of indefinite leave stamp to new document)
substitute—
“(c)
the fixing of a limited leave stamp or indefinite leave stamp on
a passport or other document issued to the applicant where the
10
stamp was previously fixed on another passport or document
issued to the applicant.”
(3)
For subsection (5) substitute—
“(5)
In this section—
(a)
“limited leave stamp” means a stamp, sticker or other
15
attachment which indicates that a person has been granted
limited leave to enter or remain in the United Kingdom, and
(b)
“indefinite leave stamp” means a stamp, sticker or other
attachment which indicates that a person has been granted
indefinite leave to enter or remain in the United Kingdom.”
20
General
23
Interpretation: “the Immigration Acts”
(1)
A reference to “the Immigration Acts” is to—
(a)
the Immigration Act 1971 (c. 77),
(b)
the Immigration Act 1988 (c. 14),
25
(c)
the Asylum and Immigration Appeals Act 1993 (c. 23),
(d)
the Asylum and Immigration Act 1996 (c. 49),
(e)
the Immigration and Asylum Act 1999,
(f)
the Nationality, Immigration and Asylum Act 2002 (c. 41), and
(g)
this Act.
30
(2)
This section has effect in relation to a reference in this Act or any other
enactment (including an enactment passed or made before this Act).
(3)
For section 158(1) and (2) of the Nationality, Immigration and Asylum Act 2002
substitute—
“(1)
A reference to “the Immigration Acts” shall be construed in accordance
35
with section 23 of the Asylum and Immigration (Treatment of
Claimants, etc.) Act 2004.”
(4)
In the following provisions for “section 158 of the Nationality, Immigration
and Asylum Act 2002” substitute “section 23 of the Asylum and Immigration
(Treatment of Claimants, etc.) Act 2004”—
40
(a)
section 32(5) of the Immigration Act 1971 (c. 77), and
(b)
section 167(1) of the Immigration and Asylum Act 1999 (c. 33).

Asylum and Immigration (Treatment of Claimants, etc.) Bill
24

24
Interpretation: immigration officer
In this Act “immigration officer” means a person appointed by the Secretary of
State as an immigration officer under paragraph 1 of Schedule 2 to the
Immigration Act 1971.
25
Money
5
There shall be paid out of money provided by Parliament—
(a)
any expenditure incurred by a Minister of the Crown in connection
with this Act, and
(b)
any increase attributable to this Act in the sums payable under any
other enactment out of money provided by Parliament.
10
26
Repeals
The enactments listed in Schedule 4 are hereby repealed to the extent specified.
27
Commencement
(1)
Sections 2 and 15 shall come into force at the end of the period of two months
beginning with the date on which this Act is passed.
15
(2)
The other preceding provisions of this Act shall come into force in accordance
with provision made—
(a)
in the case of section 11 or Schedule 1 or 2, by order of the Lord
Chancellor, and
(b)
in any other case, by order of the Secretary of State.
20
(3)
An order under subsection (2)—
(a)
may make transitional or incidental provision,
(b)
may make different provision for different purposes, and
(c)
shall be made by statutory instrument.
(4)
Transitional provision under subsection (3)(a) in relation to the
25
commencement of section 11 may, in particular, make provision in relation to
proceedings which, immediately before commencement—
(a)
are awaiting determination by an adjudicator appointed, or treated as
if appointed, under section 81 of the Nationality, Immigration and
Asylum Act 2002 (c. 41),
30
(b)
are awaiting determination by the Immigration Appeal Tribunal,
(c)
having been determined by an adjudicator could be brought before the
Immigration Appeal Tribunal,
(d)
are awaiting the determination of a further appeal brought in
accordance with section 103 of that Act,
35
(e)
having been determined by the Immigration Appeal Tribunal could be
brought before another court by way of further appeal under that
section,
(f)
are or could be made the subject of an application under section 101 of
that Act (review of decision on permission to appeal to Tribunal), or
40
(g)
are or could be made the subject of another kind of application to the
High Court or the Court of Session.
(5)
Provision made under subsection (4) may, in particular—

Asylum and Immigration (Treatment of Claimants, etc.) Bill
25

(a)
provide for the institution or continuance of an appeal of a kind not
generally available after the commencement of section 11,
(b)
provide for the termination of proceedings, or
(c)
make any other provision that the Lord Chancellor thinks appropriate.
28
Extent
5
(1)
Sections 4 and 5 shall extend to—
(a)
England and Wales, and
(b)
Northern Ireland.
(2)
The remainder of this Act extends (subject to subsection (3)) to—
(a)
England and Wales,
10
(b)
Scotland, and
(c)
Northern Ireland.
(3)
An amendment effected by this Act has the same extent as the enactment, or as
the relevant part of the enactment, amended.
(4)
Her Majesty may by Order in Council direct that section 6 is to extend, with or
15
without modification or adaptation, to—
(a)
any of the Channel Islands;
(b)
the Isle of Man.
29
Short title
This Act may be cited as the Asylum and Immigration (Treatment of
20
Claimants, etc.) Act 2004.

26
Asylum and Immigration (Treatment of Claimants, etc.) Bill
Schedule 1 — New Schedule 4 to the Nationality, Immigration and Asylum Act 2002

Schedules
Schedule 1
Section 11

New Schedule 4 to the Nationality, Immigration and Asylum Act 2002
Schedule 4
The Asylum and Immigration Tribunal
5
Membership
1
The Lord Chancellor shall appoint the members of the Asylum and
Immigration Tribunal.
2
A person is eligible for appointment as a member of the Tribunal only if he—
(a)
has a seven year general qualification within the meaning of section
10
71 of the Courts and Legal Services Act 1990 (c. 41),
(b)
is an advocate or solicitor in Scotland of at least seven years’
standing,
(c)
is a member of the Bar of Northern Ireland, or a solicitor of the
Supreme Court of Northern Ireland, of at least seven years’ standing,
15
or
(d)
in the Lord Chancellor’s opinion, has legal experience which makes
him as suitable for appointment as if he satisfied paragraph (a), (b) or
(c).
3     (1)
A member—
20
(a)
may resign by notice in writing to the Lord Chancellor,
(b)
shall cease to be a member on reaching the age of 70, and
(c)
otherwise, shall hold and vacate office in accordance with the terms
of his appointment (which may include provision for dismissal).
      (2)
Sub-paragraph (1)(b) is subject to section 26(4) to (6) of the Judicial Pensions
25
and Retirement Act 1993 (c. 8) (extension to age 75).
4
The Lord Chancellor may by order make provision for the title of members
of the Tribunal.
Presidency
5     (1)
The Lord Chancellor shall appoint—
30
(a)
a member of the Tribunal, who holds or has held high judicial office
within the meaning of the Appellate Jurisdiction Act 1876 (c. 59), as
President of the Tribunal, and
(b)
one or more members of the Tribunal as Deputy President.
      (2)
A Deputy President—
35

Asylum and Immigration (Treatment of Claimants, etc.) Bill
Schedule 1 — New Schedule 4 to the Nationality, Immigration and Asylum Act 2002
27

(a)
may act for the President if the President is unable to act or
unavailable, and
(b)
shall perform such functions as the President may delegate or assign
to him.
Proceedings
5
6
The Tribunal shall sit at times and places determined by the Lord
Chancellor.
7     (1)
The jurisdiction of the Tribunal shall be exercised by such number of its
members as the President may direct.
      (2)
A direction under this paragraph—
10
(a)
may relate to the whole or part of specified proceedings or to the
whole or part of proceedings of a specified kind,
(b)
may enable jurisdiction to be exercised by a single member,
(c)
may require or permit the transfer of the whole or part of
proceedings—
15
(i)
from one member to another,
(ii)
from one group of members to another,
(iii)
from one member to a group of members, or
(iv)
from a group of members to one member,
(d)
may be varied or revoked by a further direction, and
20
(e)
is subject to rules under section 106.
8     (1)
The President may make arrangements for the allocation of proceedings to
members of the Tribunal.
      (2)
Arrangements under this paragraph—
(a)
may permit allocation by the President or another member of the
25
Tribunal,
(b)
may permit the allocation of a case to a specified member or to a
specified class of member,
(c)
may include provision for transfer, and
(d)
are subject to rules under section 106.
30
Staff
9
The Lord Chancellor may appoint staff for the Tribunal.
Money
10
The Lord Chancellor—
(a)
may pay remuneration and allowances to members of the Tribunal,
35
(b)
may pay remuneration and allowances to staff of the Tribunal, and
(c)
may defray expenses of the Tribunal.
11
The Lord Chancellor may pay compensation to a person who ceases to be a
member of the Tribunal if the Lord Chancellor thinks it appropriate because
of special circumstances.
40

Asylum and Immigration (Treatment of Claimants, etc.) Bill
Schedule 2 — Asylum and Immigration Tribunal: Consequential Amendments and Transitional Provision
Part 1 — Consequential Amendments
28

Schedule 2
Section 11

Asylum and Immigration Tribunal: Consequential Amendments and
Transitional Provision
Part 1
Consequential Amendments
5
Appellate Jurisdiction Act 1876 (c. 59)
1
After section 3 of the Appellate Jurisdiction Act 1876 (House of Lords:
appellate jurisdiction) insert—
“3A
   No appeal against asylum or immigration ruling
Section 3 is subject to section 108B(6) of the Nationality, Immigration
10
and Asylum Act 2002 (c. 41) (no appeal from appellate court in
reference from Asylum and Immigration Tribunal).”
Immigration Act 1971 (c. 77)
2     (1)
Schedule 2 to the Immigration Act 1971 (control on entry) shall be amended
as follows.
15
      (2)
In the following provisions for “adjudicator” (or “an adjudicator” or “the
adjudicator”) substitute “the Asylum and Immigration Tribunal”—
(a)
paragraph 22(1A), (2) and (3),
(b)
paragraph 23(1) and (2),
(c)
paragraph 24(2), and
20
(d)
paragraph 25.
      (3)
In paragraph 24(3) for “An adjudicator, justice of the peace or sheriff before
whom a person is brought by virtue of sub-paragraph (2)(a) above”
substitute “Where a person is brought before the Asylum and Immigration
Tribunal, a justice of the peace or the sheriff by virtue of sub-paragraph
25
(2)(a), the Tribunal, justice of the peace or sheriff”.
      (4)
In paragraph 29—
(a)
in sub-paragraph (2) for “an adjudicator or the Immigration Appeal
Tribunal” substitute “the Asylum and Immigration Tribunal”,
(b)
in sub-paragraph (3)—
30
(i)
for “An adjudicator” substitute “The Asylum and
Immigration Tribunal”,
(ii)
for “that or any other adjudicator” substitute “the Tribunal”,
(iii)
omit the words from “and where an adjudicator dismisses” to
the end,
35
(c)
omit sub-paragraph (4), and
(d)
in sub-paragraph (6)—
(i)
for “an adjudicator or the Tribunal” substitute “the Asylum
and Immigration Tribunal”,
(ii)
for “the adjudicator or Tribunal” substitute “the Tribunal”,
40
and
(iii)
for “the adjudicator or the Tribunal” substitute “the
Tribunal”.