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40 | Page 30, line 8, after “2” insert “, (Suspected international terrorist: bail)(2)” |
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41 | Page 30, line 9, at end insert— |
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| | “( ) | Section (Suspected international terrorist: bail)(1) shall have effect in relation |
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| | to determinations of the Special Immigration Appeals Commission made |
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| | after the end of the period of two months beginning with the date on which |
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| | |
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42 | Page 32, line 17, after “legal” insert “or lay” |
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43 | Page 32, line 18, leave out first “as” |
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44 | Page 32, line 18, leave out from “appointment” to end of line 19 |
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45 | Page 32, line 24, leave out “for dismissal)” and insert “— |
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| | (i) | about the training, appraisal and mentoring of members of the |
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| | Tribunal by other members, and |
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| | |
46 | Page 33, line 8, leave out from “by” to end of line 9 and insert “three members |
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| | unless the President from time to time directs” |
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47 | Page 34, leave out lines 6 to 12 |
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48 | Page 35, leave out line 42 and insert— |
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| | “(b) | for subsections (3) to (5) substitute— |
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| | “(3) | The following provisions of the Nationality, Immigration |
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| | and Asylum Act 2002 (c. 41) shall apply in relation to an |
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| | appeal under this section as they apply in relation to an |
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| | appeal under section 82 or 83 of that Act— |
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| | (a) | section 87 (successful appeal: direction) (for |
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| | which purpose a direction may, in particular, |
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| | provide for an order under section 40 above to be |
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| | treated as having had no effect), |
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| | (b) | sections 103A to 103E (review and appeal), |
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| | (c) | section 106 (rules), and |
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| | (d) | section 107 (practice directions).”, and |
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| | (c) | omit subsections (6) to (8).” |
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49 | Page 37, line 3, at end insert— |
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| | “ | At the end of section 2B (deprivation of citizenship) insert “(and section |
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| | 40A(3)(a) shall have effect in relation to appeals under this section).”” |
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50 | Page 38, line 14, after ““it”,” insert— |
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| | “( ) | for “him” in relation to an adjudicator substitute “it”,” |
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51 | Page 38, leave out lines 23 and 24 and insert “— |
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| | (a) | an application under section 103A(1) (other than an application |
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| | out of time with permission) could be made or is awaiting |
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| | |
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| |
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| |
| | (b) | reconsideration of an appeal has been ordered under section |
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| | 103A(1) and has not been completed, |
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| | (c) | an appeal has been remitted to the Tribunal and is awaiting |
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| | |
| | (d) | an application under section 103B or 103E for permission to |
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| | appeal (other than an application out of time with permission) |
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| | could be made or is awaiting determination, |
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| | (e) | an appeal under section 103B or 103E is awaiting determination, |
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| | |
| | (f) | a reference under section 103C is awaiting determination.”, and” |
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52 | Page 38, line 27, leave out “105A”.” and insert “103A”.” |
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53 | Page 38, line 31, leave out “a review under section 105A has been requested and |
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| | not completed.”,” and insert “— |
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| | (a) | an application under section 103A(1) (other than an application |
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| | out of time with permission) could be made or is awaiting |
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| | |
| | (b) | reconsideration of an appeal has been ordered under section |
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| | 103A(1) and has not been completed, |
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| | (c) | an appeal has been remitted to the Tribunal and is awaiting |
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| | |
| | (d) | an application under section 103B or 103E for permission to |
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| | appeal (other than an application out of time with permission) |
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| | could be made or is awaiting determination, |
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| | (e) | an appeal under section 103B or 103E is awaiting determination, |
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| | |
| | (f) | a reference under section 103C is awaiting determination.”,” |
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54 | Page 39, line 10, after “(2)(e)” insert “and (f)” |
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55 | Page 39, line 15, at end insert— |
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| | “( ) | in subsection (2)(m) omit the words from “(which may” to the |
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| | |
56 | Page 39, leave out lines 27 to 29 |
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57 | Page 39, leave out lines 30 to 41 and insert— |
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| | “(w) | may make provision about reconsideration of a decision pursuant to an |
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| | order under section 103A(1) (which may, in particular, include provision |
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| | about the action that may be taken on reconsideration and about the |
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| | matters and evidence to which the Tribunal may have regard); |
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| | (x) | shall provide that a party to an appeal is to be treated as having received |
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| | notice of the Tribunal’s decision, unless the contrary is shown, at such |
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| | time as may be specified in, or determined in accordance with, the rules; |
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| | (y) | may make provision about proceedings under paragraph 30 of Schedule |
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| | 2 to the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 |
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| | (transitional filter of applications for reconsideration from High Court to |
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| | |
58 | Page 39, line 48, leave out “or a request for a review” |
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59 | Page 40, leave out lines 7 to 11 and insert “require the Tribunal to treat a specified |
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| | decision of the Tribunal as authoritative in respect of a particular matter.” |
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| |
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60 | Page 40, leave out line 19 and insert— |
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| | “23 (1) | Section 112 (regulations, &c.) shall be amended as follows. |
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| | (2) | In subsection (2) after “Regulations and rules under this Part” insert “, |
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| | other than regulations under section 103D(3),”. |
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| | (3) | For subsection (6) substitute— |
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| | “(6) | Regulations under section 103D(3)— |
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| | (a) | must be made by statutory instrument, and |
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| | (b) | shall not be made unless a draft has been laid before and |
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| | approved by resolution of each House of Parliament.”” |
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61 | Page 41, line 3, at end insert “or lay” |
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62 | Page 41, line 14, at end insert— |
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| | 30 (1) | This paragraph shall have effect in relation to applications under section |
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| | 103A(1) or for permission under section 103A(4)(b) made— |
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| | (a) | during the period beginning with commencement and ending |
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| | with such date as may be appointed by order of the Lord |
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| | |
| | (b) | during any such later period as may be appointed by order of the |
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| | |
| | (2) | An application in relation to which this paragraph has effect shall be |
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| | considered by a member of the Asylum and Immigration Tribunal (in |
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| | accordance with arrangements under paragraph 8(1) of Schedule 4 to the |
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| | Nationality, Immigration and Asylum Act 2002 (c. 41) (inserted by |
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| | |
| | (3) | For the purposes of sub-paragraph (2)— |
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| | (a) | references in section 103A to the appropriate court shall be taken |
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| | as references to the member of the Tribunal who is considering |
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| | the application or who is to consider the application, |
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| | (b) | rules of court made for the purpose of section 103A(4)(a) in |
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| | relation to the court to which an application is made shall have |
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| | effect in relation to the application despite the fact that it is |
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| | considered outside the appropriate court, and |
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| | (c) | section 103A(6) shall be subject to sub-paragraph (5) below. |
|
| | (4) | Where a member of the Tribunal considers an application under section |
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| | 103A(1) or 103A(4)(b) by virtue of this paragraph— |
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| | (a) | he may make an order under section 103A(1) or grant permission |
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| | under section 103A(4)(b), and |
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| | (b) | if he does not propose to make an order or grant permission, he |
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| | shall notify the appropriate court and the applicant. |
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| | (5) | Where notice is given under sub-paragraph (4)(b)— |
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| | (a) | the applicant may notify the appropriate court that he wishes the |
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| | court to consider his application under section 103A(1) or |
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| | |
| | (b) | the notification must be given within the period of 10 working |
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| | days beginning with the date on which the applicant is treated, |
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| | in accordance with rules under section 106 of the Nationality, |
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| | Immigration and Asylum Act 2002 (c. 41), as receiving the notice |
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| | under sub-paragraph (4)(b) above, and |
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| | (c) | the appropriate court shall consider the application under |
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| | section 103A(1) or 103A(4)(b) if— |
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| |
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| |
| | (i) | the applicant has given notice in accordance with |
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| | paragraphs (a) and (b) above, or |
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| | (ii) | the applicant has given notice under paragraph (a) above |
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| | outside the period specified in paragraph (b) above, but |
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| | the appropriate court concludes that the application |
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| | should be considered on the grounds that the notice |
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| | could not reasonably practicably have been given within |
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| | |
| | (6) | Rules of court may specify days to be disregarded in applying sub- |
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| | |
| | (7) | A member of the Tribunal considering an application under section |
|
| | 103A(1) by virtue of this paragraph may not make a reference under |
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| | |
| | (8) | An order under sub-paragraph (1)(a) or (b)— |
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| | (a) | shall be made by statutory instrument, |
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| | (b) | shall not be made unless the Lord Chancellor has consulted such |
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| | persons as he thinks appropriate, and |
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| | (c) | shall not be made unless a draft has been laid before and |
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| | approved by resolution of each House of Parliament.” |
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|
63 | Page 47, line 15, leave out “40A(3) to (5).” and insert “40A(6) to (8).” |
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64 | Page 47, line 20, at end insert— |
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| | “Asylum and Immigration Act 1996 |
| | | | | | | | | |
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65 | Page 47, line 24, at end insert— |
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66 | Page 47, line 25, at end insert— |
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| | “State Pension Credit Act 2002 |
| In Schedule 2, paragraph 42. |
| | | | | | | | | | | | In Schedule 2, paragraph 31. |
| | | | | (Northern Ireland) 2002 (c. 14 |
| | | | | | | | | | | | Tax Credits Act 2002 (c. 21). |
| In Schedule 4, paragraph 22.” |
| | |
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67 | Page 47, line 26, second column, at beginning insert— |
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68 | Page 47, line 33, after “(2)(e)” insert “and (f)” |
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|
