Vote Bundle Text (951025-02)

Amendments proposed to the Immigration, Asylum And Nationality Bill - continued	House of Commons

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Mr John Leech
Dr Evan Harris

120

Clause 35, page 19, line 1, leave out subsection (5).

Mr John Leech
Dr Evan Harris

121

Clause 35, page 19, line 12, leave out from '(1)' to end of line 15.

Mr John Leech
Dr Evan Harris

123

Clause 35, page 19, line 28, leave out paragraph (c).

Mr John Leech
Dr Evan Harris

124

Clause 36, page 20, line 3, leave out 'a crown servant' and insert 'an independent person'.

Mr John Leech
Dr Evan Harris

122

Clause 36, page 20, line 19, leave out subsection (3).

Mr John Leech
Dr Evan Harris

125

Clause 36, page 20, line 27, leave out subsection (4).

Mr John Leech
Dr Evan Harris

126

Clause 36, page 20, line 36, at end insert—

'( ) The Secretary of State shall draw up a Code of Practice setting out the powers and appropriate practices for persons authorised under section 35. The Code—

(a)	shall be made by statutory instrument,

(b)	may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.'.

Mr John Leech
Dr Evan Harris

127

Clause 37, page 21, line 23, at end insert—

'( ) In section 99(4) (Provision of support by local authorities) after "section", insert "4".'.

Mr Neil Gerrard

105

Clause 37, page 21, line 44, at end insert—

'(6) Section 9 (Failed Asylum seekers:withdrawal of suppport) of the Asylum and Immigration (Treatment of Claimants etc.) Act 2004 (c.19) shall cease to have effect.'.

Mr Tony McNulty

Clause 38, page 22, leave out from beginning of line 2 to second 'for' in line 3 and insert—

'(1) Section 13 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) (integration loan for refugees) shall be amended as follows.

(2) In subsection (1) for "to refugees." substitute "—

(a)	to refugees, and

(b)	to such other classes of person, or to persons other than refugees in such circumstances, as the regulations may prescribe."

(3) In subsection (2)(b)'.

Mr Tony McNulty

Clause 38, page 22, line 5, at end insert—

'(4) In subsection (3)(a)(iii) after "as a refugee" insert "or since some other event)".

(5) In subsection (3)(h) for "refugee" substitute "person".

(6) The heading to the section becomes "Integration loans for refugees and others".'.

Mr John Leech
Dr Evan Harris

128

Page 22, line 35, leave out Clause 40.

Mr John Leech
Dr Evan Harris

129

Clause 42, page 23, line 22, leave out from 'paid' to end of line 24.

Mr John Leech
Dr Evan Harris

132

Clause 43, page 24, line 5, leave out paragraph (c).

Mr John Leech
Dr Evan Harris

133

Clause 43, page 24, line 11, at end insert 'provided the fee is not greater than the actual cost to the Home Office of dealing with application made'.

Mr John Leech
Dr Evan Harris

134

Clause 43, page 24, line 13, at end insert 'in particular when leave is granted for a shorter period than requested, provided that the period requested does not exceed the maximum permissible for such an application, the fee may be reduced'.

Mr Tony McNulty

112

Schedule 3, page 29, line 40, column 2, at beginning insert 'In section 40A(3), the word "and" before paragraph (d).'.

Mr Neil Gerrard

106

Schedule 3, page 30, line 24, at end add—

Asylum and Immigration (Treatment of Claimants etc..) Act 2004 (c.19). Section (9)'.

Mr Tony McNulty

Clause 48, page 25, line 29, leave out '(or as the relevant part of that Act),' and insert 'or as the relevant part of that Act (ignoring extent by virtue of an Order in Council),'.

Mr Tony McNulty

Clause 48, page 25, line 32, at end insert—

'(3) Her Majesty may by Order in Council direct that a provision of this Act is to extend, with or without modification or adaptation, to—

(a)	any of the Channel Islands;

(b)	the Isle of Man.

(4) Subsection (3) does not apply in relation to the extension to a place of a provision which extends there by virtue of subsection (2)(b).'.

NEW CLAUSES

Asylum and human rights claims: definition

Mr Tony McNulty

NC1

To move the following Clause:—

'(1) Section 113(1) of the Nationality, Immigration and Asylum Act 2002 (appeals: interpretation) shall be amended as follows.

(2) For the definition of "asylum claim" substitute—

""asylum claim"—

(a)	means a claim made by a person that to remove him from or require him to leave the United Kingdom would breach the United Kingdom's obligations under the Refugee Convention, but

(b)	does not include a claim which, having regard to a former claim, falls to be disregarded for the purposes of this Part in accordance with immigration rules,".

(3) For the definition of "human rights claim" substitute—

""human rights claim"—

(c)	means a claim made 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 (c 42) (public authority not to act contrary to Convention) as being incompatible with his Convention rights, but

(d)	does not include a claim which, having regard to a former claim, falls to be disregarded for the purposes of this Part in accordance with immigration rules,".'.

Failure to provide documents

Mr Tony McNulty

NC2

To move the following Clause:—

'After section 88(2)(b) of the Nationality, Immigration and Asylum Act 2002 (c. 41) (appeal: ineligibility) insert—

"(ba)

has failed to supply a medical report or a medical certificate in accordance with a requirement of immigration rules,".'.

Arrest pending deportation

Mr Tony McNulty

NC3

To move the following Clause:—

'At the end of paragraph 2(4) of Schedule 3 to the Immigration Act 1971 (c.77) (deportation: power to detain) insert "; and for that purpose the reference in paragraph 17(1) to a person liable to detention includes a reference to a person who would be liable to detention upon receipt of a notice which is ready to be given to him.".'.

Deprivation of citizenship

Mr Tony McNulty

NC4

To move the following Clause:—

'(1) For section 40(2) of the British Nationality Act 1981 (c. 61) (deprivation of citizenship: prejudicing UK interests) substitute—

(2) At the end of section 40A(3) of that Act (deprivation: appeal) add—

", and

(e)	section 108 (forged document: proceedings in private).";

(and omit the word "and" before section 40A(3)(d)).'.

Deprivation of right of abode

Mr Tony McNulty

NC5

To move the following Clause:—

'(1) After section 2 of the Immigration Act 1971 (right of abode) insert—

Deprivation of right of abode

(1) The Secretary of State may by order remove from a specified person a right of abode in the United Kingdom which he has under section 2(1)(b).

(2) The Secretary of State may make an order under subsection (1) in respect of a person only if the Secretary of State thinks that it would be conducive to the public good for the person to be excluded or removed from the United Kingdom.

(3) An order under subsection (1) may be revoked by order of the Secretary of State.

(4) While an order under subsection (1) has effect in relation to a person—

(a)	section 2(2) shall not apply to him, and

(b)	any certificate of entitlement granted to him shall have no effect."

(2) In section 82(2) of the Nationality, Immigration and Asylum Act 2002 (c. 41) (right of appeal: definition of immigration decision) after paragraph (ia) insert—

"(ib)

a decision to make an order under section 2A of that Act (deprivation of right of abode),".'.

Acquisition of British nationality, &c.

Mr Tony McNulty

NC6

To move the following Clause:—

'(1) The Secretary of State shall not grant an application for registration as a citizen of any description or as a British subject under a provision listed in subsection (2) unless satisfied that the person is of good character.

(2) Those provisions are—

(a)	sections 1(3) and (4), 3(1), (2) and (5), 4(2) and (5), 4A, 4B, 4C, 5, 10(1) and (2), 13(1) and (3) of the British Nationality Act 1981 (c. 61) (registration as British citizen),

(b)	sections 15(3) and (4), 17(1), (2) and (5), 22(1) and (2), 24, 27(1) and 32 of that Act (registration as British overseas territories citizen, &c.),

(c)	section 1 of the Hong Kong (War Wives and Widows) Act 1996 (c. 41) (registration as British citizen),

(d)	section 1 of the British Nationality (Hong Kong) Act 1997 (c. 20) (registration as British citizen), and

(e)	article 6(3) of the Hong Kong (British Nationality) Order 1986 (S.I. 1986/948) (registration as British Overseas citizen).

(3) Where the Secretary of State makes arrangements under section 43 of the British Nationality Act 1981 for a function to be exercised by some other person, subsection (1) above shall have effect in relation to that function as if the reference to the Secretary of State were a reference to that other person.'.