S.C.E.
Amendment Paper as at
Wednesday 19th October 2005
STANDING COMMITTEE E
New Amendments handed in are marked thus *
IMMIGRATIOIN, ASYLUM AND NATIONALITY BILL
Dr Evan Harris
Mr John Leech
88
Clause 1, page 1, line 11, leave out 'the' and insert 'previously'.
Dr Evan Harris
Mr John Leech
85
Clause 1, page 1, line 11, leave out 'the leave was' and insert 'leave was previously'.
Dr Evan Harris
Mr John Leech
89
Clause 1, page 1, line 12, leave out from 'Convention' to end of line 14.
Mr Humfrey Malins
Mrs Cheryl Gillan
Mr Henry Bellingham
18
Clause 1, page 1, leave out lines 15 to 21.
Mr Humfrey Malins
Mrs Cheryl Gillan
Mr Henry Bellingham
19
Clause 1, page 1, line 19, leave out 'and' and insert 'or'.
Dr Evan Harris
Mr John Leech
70
Clause 1, page 1, line 21, at end insert—
'( ) After paragraph (g) insert—
| "(ga) | a decision that a person is to be removed from the United Kingdom by way of directions under section 10A of the Immigration and Asylum Act 1999" |
( ) Section 92(2) of the Nationality, Immigration and Asylum Act 2002 (c. 41) shall be amended as follows.
( ) Leave out "82(2)(c), (d)(e)(f) and (j)" and replace with "82(2)(c), (f), (fa), (fb), (ga) and (j)".'.
Dr Evan Harris
Mr John Leech
86
Clause 1, page 1, line 21, at end insert—
| '(fc) | An order under section (82)(2)— |
| (i) | must be made by statutory instrument, |
| (ii) | may not be made unless a draft has been laid before and approved by resolution of each House of Parliament, and |
| (iii) | may include transitional provision.'. |
Mr Neil Gerrard
102
Clause 1, page 1, line 21, at end insert—
| '(fc) | No order shall be made under sub-paragraph (fb)(i) unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.'. |
Mr Humfrey Malins
Mrs Cheryl Gillan
Mr Henry Bellingham
12
Clause 1, page 2, line 14, at end insert 'and shall be eligible for legal aid for each appeal.'.
Dr Evan Harris
Mr John Leech
71
Clause 1, page 2, line 14, at end insert—
'( ) The Immigration and Asylum Act 1999 (c. 33) shall be amended as follows.
"Section 10A
(1) An immigration officer may decide that directions are to be given for the removal from the UK of a person if the Secretary of State has varied or refused to vary the person's leave to enter or remain with the effect that he has no leave to enter or remain otherwise than under section 10A(3).
(2) The immigration officer may give directions for the person's removal once the time for giving notice of appeal under section 82(2)(ga) of the Nationality, Immigration and Asylum Act 2002 (c. 41) has expired and no appeal under that subsection is pending.
(3) The person's leave to enter or remain in the United Kingdom, notwithstanding the variation or refusal to vary his leave to enter or remain, is extended for the period during which no decision under section 10A(1) is taken and an appeal under section 82(1) of the Nationality, Immigration and Asylum Act 2002 (c. 41) could be brought against a decision under section 10A(1) and whilst any appeal against that decision is pending.".'.
Dr Evan Harris
Mr John Leech
107
*Clause 3, page 2, line 22, leave out subsection (2).
Dr Evan Harris
Mr John Leech
92
Clause 4, page 3, line 3, at beginning insert 'subject to subsection (1A)'.
Dr Evan Harris
Mr John Leech
72
Clause 4, page 3, line 7, leave out 'regulations' and insert 'order'.
Dr Evan Harris
Mr John Leech
73
Clause 4, page 3, line 9, leave out 'regulations' and insert 'order'.
Mr Humfrey Malins
Mrs Cheryl Gillan
Mr Henry Bellingham
24
Clause 4, page 3, line 9, at end insert 'or
| (c) | following a course of study of more than six months duration at an institution on the approved register for which he has been accepted.'. |
Dr Evan Harris
Mr John Leech
78
Clause 4, page 3, line 9, at end insert ', or
| (c) | entering for any other purpose prescribed by order for the purpose of this subsection.'. |
Dr Evan Harris
Mr John Leech
83
Clause 4, page 3, line 9, at end insert 'or
| (c) | entering for settlement as a returning resident in accordance with the provisions of the immigration rules'. |
Dr Evan Harris
Mr John Leech
84
Clause 4, page 3, line 9, at end insert 'or
| (c) | entering in accordance with the terms of any provision of the immigration rules which relates to a provision of community law'. |
Dr Evan Harris
Mr John Leech
90
Clause 4, page 3, line 9, at end insert ', or
| (c) | entering for any other purpose prescribed by regulations for the purpose of this subsection.'. |
Dr Evan Harris
Mr John Leech
91
Clause 4, page 3, line 9, at end insert ', or
| (c) | entering as the dependant of a person authorised to study or seek or take employment or of an authorised self-employed person in the United Kingdom, as prescribed by regulations for the purpose of this subsection.'. |
Dr Evan Harris
Mr John Leech
93
Clause 4, page 3, line 9, at end insert—
'(1A) Subsection (1) shall only apply at such time as a review procedure carried out by Immigration Judges on circuit at entry clearance posts is deemed to be operating satisfactorily by the Independent Monitor'.
Dr Evan Harris
Mr John Leech
104
Clause 4, page 3, line 10, leave out 'Regulations' and insert 'an order'.
Dr Evan Harris
Mr John Leech
74
Clause 4, page 3, line 12, leave out 'regulations' and insert 'order'.
Dr Evan Harris
Mr John Leech
75
Clause 4, page 3, line 18, leave out 'regulation' and insert 'order'.
Dr Evan Harris
Mr John Leech
80
Clause 4, page 3, line 20, at beginning insert 'in the circumstances specified in subsection (1)(a) above,'.
Dr Evan Harris
Mr John Leech
76
Clause 4, page 3, line 21, leave out 'regulation' and insert 'order'.
Dr Evan Harris
Mr John Leech
79
Clause 4, page 3, line 24, leave out paragraph (d).
Mr Tony McNulty
55
Clause 4, page 3, leave out lines 28 to 32.
Mr Tony McNulty
56
Clause 4, page 3, line 33, leave out 'Subsections (1) and (3)' and insert 'Subsection (1)'.
Mr Tony McNulty
57
Clause 4, page 3, line 34, leave out 'do' and insert 'does'.
Mr Tony McNulty
58
Clause 4, page 3, line 36, leave out 'are' and insert 'is'.
Mr Humfrey Malins
Mrs Cheryl Gillan
Mr Henry Bellingham
11
Clause 4, page 3, line 37, at end add—
'(5) The Independent Monitor may make recommendations to the Home Secretary concerning the reasonableness of any decisions made relating to grants or refusals of entry clearance.'.
Mr Humfrey Malins
Mrs Cheryl Gillan
Mr Henry Bellingham
20
Clause 4, page 3, line 37, at end add—
'(5) Subsections (1) to (4) will not take effect until such time as a review procedure carried out by immigration judges on circuit at entry clearance posts is deemed to be operating satisfactorily by the Independent Monitor.'.
Mr Humfrey Malins
Mrs Cheryl Gillan
Mr Henry Bellingham
21
Clause 4, page 3, line 37, at end add—
'(5) A person who may not appeal under section 82(1) shall be entitled to request that a refusal of an application for entry clearance is reviewed by the Independent Monitor or his appointee.'.
Dr Evan Harris
Mr John Leech
82
Clause 4, page 3, line 37, at end add—
'( ) An order under this section shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.'.
Dr Evan Harris
Mr John Leech
87
Page 2, line 36, leave out Clause 4.
Dr Evan Harris
Mr John Leech
103
Clause 5, page 4, line 1, leave out paragraph (b) and insert—
| '(b) | if section 92(3)(c) applies.'. |
