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
Schedule 2 — Asylum and Immigration Tribunal: Consequential Amendments and Transitional Provision
Part 1 — Consequential Amendments
29

      (5)
In paragraphs 30, 31, 32 and 33—
(a)
for “an adjudicator and the Tribunal” substitute “the Tribunal”,
(b)
for “an adjudicator or the Tribunal” substitute “the Tribunal”,
(c)
for “the adjudicator or the Tribunal, as the case may be” substitute
“the Tribunal”,
5
(d)
for “the adjudicator or Tribunal” substitute “the Tribunal”,
(e)
for “the adjudicator or the Tribunal” substitute “the Tribunal”,
(f)
for “an adjudicator or Tribunal” substitute “the Tribunal”, and
(g)
for “before an adjudicator or before the Tribunal” substitute “before
the Tribunal”.
10
      (6)
In paragraph 33—
(a)
in sub-paragraph (2)(a) for “before an adjudicator” substitute “before
the Tribunal”,
(b)
in sub-paragraph (2)(b) for “before that adjudicator or before the
Tribunal, as the case may be” substitute “before it”, and
15
(c)
in sub-paragraph (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 (2)(a), the Tribunal, justice of the
20
peace or sheriff”.
House of Commons Disqualification Act 1975 (c. 24)
3     (1)
Schedule 1 to the House of Commons Disqualification Act 1975
(disqualifying offices) shall be amended as follows.
      (2)
In Part II for the entry relating to the Immigration Appeal Tribunal
25
substitute—

“The Asylum and Immigration Tribunal.”
      (3)
In Part III omit the entry relating to immigration adjudicators.
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
4     (1)
Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975
30
(disqualifying offices) shall be amended as follows.
      (2)
In Part II for the entry relating to the Immigration Appeal Tribunal
substitute—

“The Asylum and Immigration Tribunal.”
      (3)
In Part III omit the entry relating to immigration adjudicators.
35
British Nationality Act 1981 (c. 61)
5
In section 40A of the British Nationality Act 1981 (deprivation of citizenship:
appeal)—
(a)
in subsection (1) for “an adjudicator appointed under section 81 of
the Nationality, Immigration and Asylum Act 2002 (immigration
40
appeal)” substitute “the Asylum and Immigration Tribunal”, and
(b)
omit subsections (3) to (5).

Asylum and Immigration (Treatment of Claimants, etc.) Bill
Schedule 2 — Asylum and Immigration Tribunal: Consequential Amendments and Transitional Provision
Part 1 — Consequential Amendments
30

Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8))
6     (1)
For paragraph 6A of Part 1 of Schedule 1 to the Legal Aid, Advice and
Assistance (Northern Ireland) Order 1981 (proceedings for which legal aid
may be given under Part II of that Order) substitute—
“6A.
Proceedings before the Asylum and Immigration Tribunal or the
5
Special Immigration Appeals Commission.”
      (2)
The amendment made by sub-paragraph (1) is without prejudice to any
power to amend or revoke the provision inserted by that sub-paragraph.
Courts and Legal Services Act 1990 (c. 41)
7
In Schedule 11 to the Courts and Legal Services Act 1990 (judges barred from
10
legal practice) for the entries relating to the Immigration Appeal Tribunal
and immigration adjudicators substitute—

“President or other member of the Asylum and Immigration
Tribunal”.
Tribunals and Inquiries Act 1992 (c. 53)
15
8     (1)
The Tribunals and Inquiries Act 1992 shall be amended as follows.
      (2)
In section 7 (dismissal) omit subsection (3).
      (3)
In Schedule 1 (tribunals under supervision of Council) for the entry for
immigration appeals substitute—

“Immigration and asylum
22. The Asylum and Immigration

20

Tribunal constituted under section 81

of the Nationality, Immigration and

Asylum Act 2002.”

Judicial Pensions and Retirement Act 1993 (c. 8)
9     (1)
The Judicial Pensions and Retirement Act 1993 shall be amended as follows.
25
      (2)
In Schedule 1 (qualifying judicial offices) for the entries relating to the
Immigration Appeal Tribunal and immigration adjudicators substitute (in
the place occupied by the first of those entries)—

“President or other member of the Asylum and Immigration
Tribunal”.
30
      (3)
In Schedule 5 (retirement: relevant offices) for the entries relating to the
Immigration Appeal Tribunal and immigration adjudicators substitute—

“President or other member of the Asylum and Immigration
Tribunal”.
Asylum and Immigration Appeals Act 1993 (c. 23)
35
10
Section 9A of the Asylum and Immigration Appeals Act 1993 (bail) shall
cease to have effect.

Asylum and Immigration (Treatment of Claimants, etc.) Bill
Schedule 2 — Asylum and Immigration Tribunal: Consequential Amendments and Transitional Provision
Part 1 — Consequential Amendments
31

Special Immigration Appeals Commission Act 1997 (c. 68)
11
The Special Immigration Appeals Commission Act 1997 shall be amended as
follows.
12    (1)
In Schedule 1 (constitution, &c.) for paragraph 5(b) substitute—
“(b)
at least one is or has been a member of the Asylum and
5
Immigration Tribunal.”
      (2)
A person is qualified for the purposes of paragraph 5(b) of that Schedule as
it has effect after the commencement of sub-paragraph (1) above if he is
qualified for the purposes of paragraph 5(b) as it had effect at any time since
its commencement.
10
13    (1)
Schedule 3 (bail) shall be amended as follows.
      (2)
In paragraph 1(2) for ““adjudicator”” substitute ““Tribunal””.
      (3)
In paragraph 1(3)(a) for “adjudicator”” substitute “the Asylum and
Immigration Tribunal””.
      (4)
In paragraph 1(3)(b) for “adjudicator”” substitute “the Asylum and
15
Immigration Tribunal””.
      (5)
In paragraph 1(4)(a) and (b) for “adjudicator”” substitute “the Asylum and
Immigration Tribunal””.
      (6)
In paragraph 2(2)(a) for ““an adjudicator”” substitute ““the Asylum and
Immigration Tribunal””.
20
      (7)
In paragraph 2(2)(b) for ““the adjudicator”” substitute ““the Asylum and
Immigration Tribunal””.
      (8)
In paragraph 2(3)(a) for ““an adjudicator”” substitute ““the Asylum and
Immigration Tribunal””.
      (9)
In paragraph 2(3)(b) for ““the adjudicator”” substitute ““the Asylum and
25
Immigration Tribunal””.
     (10)
In paragraph 6(2)(a) for ““an adjudicator or the Tribunal”” substitute ““the
Tribunal””.
     (11)
In paragraph 6(2)(b) for ““the adjudicator or the Tribunal, as the case may
be,”” substitute ““the Tribunal””.
30
     (12)
In paragraph 6(2)(c) for ““the adjudicator or Tribunal”” substitute ““the
Tribunal””.
     (13)
In paragraph 6(3)(a) for ““an adjudicator or the Tribunal”” substitute ““the
Tribunal””.
     (14)
In paragraph 6(3)(b) for ““the adjudicator or Tribunal”” substitute ““the
35
Tribunal””.
     (15)
In paragraph 7(a) for ““an adjudicator or the Tribunal”” substitute ““the
Tribunal””.
     (16)
In paragraph 7(b) for ““the adjudicator or Tribunal”” substitute ““the
Tribunal””.
40
     (17)
In paragraph 7(c) for ““the adjudicator or the Tribunal”” substitute ““the
Tribunal””.
Access to Justice Act 1999 (c. 22)
14
For paragraph 2(1)(h) of Schedule 2 to the Access to Justice Act 1999

Asylum and Immigration (Treatment of Claimants, etc.) Bill
Schedule 2 — Asylum and Immigration Tribunal: Consequential Amendments and Transitional Provision
Part 1 — Consequential Amendments
32

(Community Legal Service: excluded services) substitute—
“(h)
the Asylum and Immigration Tribunal,”.
Immigration and Asylum Act 1999 (c. 33)
15
In section 156(3) of the Immigration and Asylum Act 1999 (escorts and
custody) for paragraphs (a) and (b) substitute—
5
“(a)
the Asylum and Immigration Tribunal;”.
Nationality, Immigration and Asylum Act 2002 (c. 41)
16
The Nationality, Immigration and Asylum Act 2002 shall be amended as
follows.
17
In section 72(10) (serious criminal) omit “adjudicator,”.
10
18    (1)
In the provisions listed in sub-paragraph (2)—
(a)
for “an adjudicator” substitute “the Tribunal”,
(b)
for “the adjudicator” substitute “the Tribunal”,
(c)
for “he” in relation to an adjudicator substitute “it”, and
(d)
for “his” in relation to an adjudicator substitute “its”.
15
      (2)
The provisions are—
(a)
section 85 (matters to be considered),
(b)
section 86 (determination of appeal), and
(c)
section 87 (successful appeal: direction).
19
In section 87—
20
(a)
for subsection (3) substitute—
“(3)
But a direction under this section shall not have effect while
a review under section 105A has been requested and not
completed.”, and
(b)
in subsection (4) for “as part of the determination of the appeal for
25
the purposes of section 101” substitute “as part of the Tribunal’s
decision on the appeal for the purposes of section 105A”.
20
In section 104 (pending appeal)—
(a)
for subsection (2) substitute—
“(2)
An appeal under section 82(1) is not finally determined for
30
the purposes of subsection (1)(b) while a review under
section 105A has been requested and not completed.”, and
(b)
omit subsection (3) (remittal to adjudicator).
21
In section 106 (rules)—
(a)
in subsection (1)(a) for “, 83 or 101” substitute “or 83 or by virtue of
35
section 109”,
(b)
in subsection (1)(b) for “, 83, 101(1) or 103” substitute “or 83 or by
virtue of section 109”,
(c)
after subsection (1) insert—
“(1A)
In making rules under subsection (1) the Lord Chancellor
40
shall aim to ensure—

Asylum and Immigration (Treatment of Claimants, etc.) Bill
Schedule 2 — Asylum and Immigration Tribunal: Consequential Amendments and Transitional Provision
Part 1 — Consequential Amendments
33

(a)
that the rules are designed to ensure that proceedings
before the Tribunal are handled as fairly, quickly and
efficiently as possible, and
(b)
that the rules where appropriate confer on members
of the Tribunal responsibility for ensuring that
5
proceedings before the Tribunal are handled as fairly,
quickly and efficiently as possible.”,
(d)
in subsection (2)(d) for “an adjudicator or the Immigration Appeal
Tribunal” substitute “the Tribunal”,
(e)
in subsection (2)(e) omit “an adjudicator or”,
10
(f)
in subsection (2)(g) for “an adjudicator” substitute, in each place, “the
Tribunal”,
(g)
in subsection (2)(h) for “an adjudicator” substitute, in each place, “the
Tribunal”,
(h)
omit subsection (2)(j) and (k),
15
(i)
in subsection (2)(o) omit “an adjudicator or”,
(j)
in subsection (2)(p) omit “an adjudicator or”,
(k)
in subsection (2)(q) omit “an adjudicator or”,
(l)
in subsection (2)(r) omit “an adjudicator or”,
(m)
in subsection (2)(s) omit “an adjudicator or”,
20
(n)
after subsection (2)(s) insert—
“(t)
may make provision about the number of members
exercising the Tribunal’s jurisdiction;
(u)
may make provision about the allocation of
proceedings among members of the Tribunal (which
25
may include provision for transfer);
(v)
may confer on members of the Tribunal responsibility
for supervising other members and staff of the
Tribunal;
(w)
must provide for a period within which a request for
30
review under section 105A may be made (and may
not enable the Tribunal to permit a request out of
time);
(x)
may make other provision in relation to requests for
review, and reviews, under section 105A (which may,
35
in particular, include provision restricting the matters
that may be adduced or considered);
(y)
may make provision about the making of a reference
to an appellate court under section 108B (which may
include provision about the procedure to be followed
40
in a case in relation to which a reference is made);
(z)
may make provision about the form and content of
decisions of the Tribunal.”,
(o)
in subsection (3)(a) omit “an adjudicator or”,
(p)
in subsection (3)(d) omit “an adjudicator or”,
45
(q)
in subsection (3)(e) omit “an adjudicator or”,
(r)
for subsection (3)(f) substitute—
“(f)
may enable the Tribunal to certify that an appeal or a
request for a review had no merit (and shall make
provision for the consequences of the issue of a
50
certificate).”, and

Asylum and Immigration (Treatment of Claimants, etc.) Bill
Schedule 2 — Asylum and Immigration Tribunal: Consequential Amendments and Transitional Provision
Part 2 — Transitional Provision
34

(s)
in subsection (4) omit “an adjudicator or”.
22    (1)
In section 107 (practice directions)—
(a)
for “the Immigration Appeal Tribunal” substitute “the Tribunal”,
(b)
omit subsection (2), and
(c)
at the end add—
5
“(3)
A practice direction may, in particular—
(a)
enable the President to require the Tribunal to treat a
decision of the Tribunal specified by the President as
authoritative in respect of a particular matter, and
(b)
require the Tribunal to comply with a requirement
10
imposed in accordance with paragraph (a).”
      (2)
The reference to a decision of the Tribunal in section 107(3) (as added by sub-
paragraph (1) above) shall be treated as including a reference to a decision
of the Immigration Appeal Tribunal.
23
In section 108 (forged document: proceedings in private)—
15
(a)
in subsection (1)(a) for “, 83 or 101” substitute “or 83”, and
(b)
in subsection (2) for “The adjudicator or the Immigration Appeal
Tribunal” substitute “The Tribunal”.
24
At the end of section 112 (regulations, &c.) add—
“(7)
An order under paragraph 4 of Schedule 4—
20
(a)
may include consequential or incidental provision (which
may include provision amending, or providing for the
construction of, a reference in an enactment, instrument or
other document to a member of the Asylum and Immigration
Tribunal),
25
(b)
must be made by statutory instrument, and
(c)
shall be subject to annulment in pursuance of a resolution of
either House of Parliament.”
Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10))
25    (1)
For paragraph 2(i) of Schedule 2 to the Access to Justice (Northern Ireland)
30
Order 2003 (civil legal services: excluded services) substitute—
“(i)
proceedings before the Asylum and Immigration Tribunal
or the Special Immigration Appeals Commission,”.
      (2)
The amendment made by sub-paragraph (1) is without prejudice to any
power to amend or revoke the provision inserted by that sub-paragraph.
35
Part 2
Transitional Provision
26
In this Part “commencement” means the coming into force of section 11.
27
A person who immediately before commencement is, or is to be treated as,
an adjudicator appointed under section 81 of the Nationality, Immigration
40
and Asylum Act 2002 (c. 41) (appeals) (as it has effect before
commencement) shall be treated as having been appointed as a member of
the Asylum and Immigration Tribunal under paragraph 1 of Schedule 4 to

Asylum and Immigration (Treatment of Claimants, etc.) Bill
Schedule 3 — Removal of Asylum Seeker to Safe Country
Part 2 — First List of Safe Countries (Refugee Convention and Human Rights)
35

that Act (as it has effect after commencement) immediately after
commencement.
28
A person who immediately before commencement is a legally qualified
member of the Immigration Appeal Tribunal (within the meaning of
Schedule 5 to that Act) shall be treated as having been appointed as a
5
member of the Asylum and Immigration Tribunal under paragraph 1 of
Schedule 4 to that Act immediately after commencement.
29
A person who immediately before commencement is a member of staff of
adjudicators appointed or treated as appointed under section 81 of the
Nationality, Immigration and Asylum Act 2002 (c. 41) or of the Immigration
10
Appeal Tribunal shall be treated as having been appointed as a member of
the staff of the Asylum and Immigration Tribunal under paragraph 9 of
Schedule 4 to the Nationality, Immigration and Asylum Act 2002
immediately after commencement.
Schedule 3
15
Section 13

Removal of Asylum Seeker to Safe Country
Part 1
Introductory
1     (1)
In this Schedule—
“asylum claim” means a claim by a person that to remove him from or
20
require him to leave the United Kingdom would breach the United
Kingdom’s obligations under the Refugee Convention,
“Convention rights” means the rights identified as Convention rights
by section 1 of the Human Rights Act 1998 (c. 42) (whether or not in
relation to a State that is a party to the Convention),
25
“human rights claim” means a claim by a person that to remove him
from or require him to leave the United Kingdom would be
unlawful under section 6 of the Human Rights Act 1998 (public
authority not to act contrary to Convention) as being incompatible
with his Convention rights,
30
“immigration appeal” means an appeal under section 82(1) of the
Nationality, Immigration and Asylum Act 2002 (appeal against
immigration decision), and
“the Refugee Convention” means the Convention relating to the
Status of Refugees done at Geneva on 28th July 1951 and its
35
Protocol.
      (2)
In this Schedule a reference to anything being done in accordance with the
Refugee Convention is a reference to the thing being done in accordance
with the principles of the Convention, whether or not by a signatory to it.
Part 2
40
First List of Safe Countries (Refugee Convention and Human Rights)
2
This Part applies to—