Amendments proposed to the Immigration, Asylum And Nationality Bill - continued	House of Commons
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Refugee Convention: construction

   

Mr Tony McNulty

NC7

To move the following Clause:—

    '(1)   In the construction and application of Article 1(F)(c) of the Refugee Convention the reference to acts contrary to the purposes and principles of the United Nations shall be taken as including, in particular—

(a)	acts of committing, preparing or instigating terrorism (whether or not the acts amount to an actual or inchoate offence), and

(b)	acts of encouraging or inducing others to commit, prepare or instigate terrorism (whether or not the acts amount to an actual or inchoate offence).

    (2)   Where the Secretary of State rejects an asylum claim wholly or partly on the grounds that Article 1(F) of the Refugee Convention applies, or makes any other decision wholly or partly in reliance on the application of that Article, the Asylum and Immigration Tribunal or the Special Immigration Appeals Commission—

(a)	must begin its consideration of the Refugee Convention on any appeal in which the rejection or decision is to be considered by considering whether or not Article 1(F) applies, and

(b)	if it concludes that Article 1(F) applies, must dismiss the appeal in so far as it relies on the Refugee Convention.

    (3)   In this section—

"asylum claim" means a claim by a person that to remove him from or require him to leave the United Kingdom would be contrary to the United Kingdom's obligations under the Refugee Convention,

"the Refugee Convention" means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951, and

"terrorism" has the meaning given by section 1 of the Terrorism Act 2000 (c. 11).

    (4)   Section 72(10)(a) of the Nationality, Immigration and Asylum Act 2002 (c. 41) (serious criminal: Tribunal or Commission to begin by considering certificate) shall have effect subject to subsection (2)(a) above.'.

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Appeals: deportation

   

Mr Tony McNulty

NC8

To move the following Clause:—

    '(1)   After section 97 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (appeals: national security) insert—

    "97A   National security: deportation

    (1)   This section applies where the Secretary of State certifies that the decision to make a deportation order in respect of a person was taken on the grounds that his removal from the United Kingdom would be in the interests of national security.

    (2)   Where this section applies—

(a)	section 79 shall not apply,

(b)	the Secretary of State shall be taken to have certified the decision to make the deportation order under section 97, and

(c)	for the purposes of section 2(5) of the Special Immigration Appeals Commission Act 1997 (c. 68) (appeals from within United Kingdom) it shall be assumed that section 92 of this Act—

(i)	would not apply to an appeal against the decision to make the deportation order by virtue of section 92(2) to (3D),

(ii)	would not apply to an appeal against that decision by virtue of section 92(4)(a) in respect of an asylum claim, and

(iii)

would be capable of applying to an appeal against that decision by virtue of section 92(4)(a) in respect of a human rights claim unless the Secretary of State certifies that the removal of the person from the United Kingdom would not breach the United Kingdom's obligations under the Human Rights Convention.

    (3)   A person in respect of whom a certificate is issued under subsection (2)(c)(iii) may appeal to the Special Immigration Appeals Commission against the issue of the certificate; and for that purpose the Special Immigration Appeals Commission Act 1997 shall apply as to an appeal against an immigration decision to which section 92 of this Act applies.

    (4)   The Secretary of State may repeal this section by order.".'.

    (2)   In section 112 of that Act (regulations, &c.) after subsection (5A) insert—

    "(5B)   An order under section 97A(4)—

(a)	must be made by statutory instrument,

(b)	shall be subject to annulment in pursuance of a resolution of either House of Parliament, and

(c)	may include transitional provision.".'.

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Information: embarking passengers

   

Mr Tony McNulty

NC9

To move the following Clause:—

    '(1)   Schedule 2 to the Immigration Act 1971 (c. 77) (control on entry, &c.) shall be amended as follows.

    (2)   In paragraph 3(1) for the words from "and if he is not" to the end substitute—

       "and, if he is not a British citizen, for the purpose of establishing—

(a)   his identity;

(b)   whether he entered the United Kingdom lawfully;

(c)   whether he has complied with any conditions of leave to enter or remain in the United Kingdom;

(d)   whether his return to the United Kingdom is prohibited or restricted.

    (1A)   An immigration officer who examines a person under sub-paragraph (1) may require him, by notice in writing, to submit to further examination for a purpose specified in that sub-paragraph."

    (3)   After paragraph 16(1A) insert—

"(1B)

A person who has been required to submit to further examination under paragraph 3(1A) may be detained under the authority of an immigration officer, for a period not exceeding 12 hours, pending the completion of the examination."

    (4)   In paragraph 21(1) after "16" insert "(1), (1A) or (2)".'.

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Fingerprinting

   

Mr Tony McNulty

NC10

To move the following Clause:—

    '(1)   Section 141 of the Immigration and Asylum Act 1999 (c. 33) (fingerprinting) shall be amended as follows.

    (2)   In subsection (7)(d) for "arrested under paragraph 17 of Schedule 2 to the 1971 Act;" substitute "detained under paragraph 16of Schedule 2 to the 1971 Act or arrested under paragraph 17 of that Schedule;".

    (3)   In subsection (8)(d) for "arrest;" substitute "detention or arrest;".

    (4)   At the end add—

    "(17)   Section 157(1) applies to this section (in so far as it relates to removal centres by virtue of subsection (5)(e)) as it applies to Part VIII.".'.

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ORDERS OF THE HOUSE [5th JULY AND 11th OCTOBER]

That the following provisions shall apply to the Immigration, Asylum and Nationality Bill:

Committal

    1.   The Bill shall be committed to a Standing Committee.

Proceedings in Standing Committee

    2.   Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 27th October 2005.

    3.   The Standing Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

    4.   Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

    5.   Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

    6.   Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading.

Other Proceedings

    7.   Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further message from the Lords) may be programmed.

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ORDER OF THE COMMITTEE [18th OCTOBER 2005]

That—

    (1)   during proceedings on the Immigration, Asylum and Nationality Bill, in addition to its first meeting on Tuesday 18th October at 10.30 a.m., the Standing Committee shall meet on Wednesday 19th October at 4.30 p.m., on Thursday 20th October at 9.00 a.m. and 1.00 p.m., on Tuesday 25th October at 10.30 a.m. and 4.00 p.m. and on Thursday 27th October at 9.00 a.m. and 1.00 p.m.;

    (2)   the proceedings shall be taken in the order shown below and shall (so far as not previously concluded) be brought to a conclusion at 5.00 p.m. on Thursday 27th October: Clauses 1 to 10; Schedule 1; Clauses 11 to 44; Schedule 2; Clauses 45 and 46; Schedule 3; Clauses 47 to 49; Remaining proceedings on the Bill.

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Prepared 25 Oct 2005