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S.C.E.

Amendment Paper as at
Thursday 27th October 2005

STANDING COMMITTEE E


IMMIGRATION, ASYLUM AND NATIONALITY BILL

NOTE

The Amemendments have been marshalled in accordance with the Order of the Committee [18th October 2005].

   

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

53

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

54

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)   The Secretary of State may by order deprive a person of a citizenship status if the Secretary of State is satisfied that deprivation is conducive to the public good."

    (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)).'.

As Amendments to Mr Tony McNulty's proposed New Clause (NC4) (Deprivation of citizenship):

   

Dr Evan Harris
Mr John Leech

(a)

Line     5,     at end insert—

    '(2A) The powers in subsection (1) shall not apply if the effect is to render the person stateless.'.

   

Dr Evan Harris
Mr John Leech

(b)

Line     5,     at end insert—

    '(2A)   In exercising powers under subsection (2) the Secretary of State must be satisfied that deprivation of a person's citizenship is justified on the basis of—

      (a) national security,

      (b) maintaining good international relations,

      (c) maintaining public order, or

      (d) the person having committed offences set out in section 1(1), 2, 5, 6, 9, 10 or 11 of the Terrorism Act 2006 [c. ].'.


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—

          "2A   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),".'.

As an Amendment to Mr Tony McNulty's proposed New Clause (NC5) (Deprivation of right of abode):

   

Dr Evan Harris
Mr John Leech

(a)

Line     8,     at end insert—'In exercising powers under subsection (2) the Secretary of State must be satisfied that deprivation of a person's citizenship is justified on the basis of—

      (a) national security,

      (b) maintaining good international relations,

      (c) maintaining public order,

      (d) the person having committed offences set out in section 1(1), 2, 5, 6, 9, 10 or 11 of the Terrorism Act 2006 [c. ].'.


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.".


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.'.

As an Amendment to Mr Tony McNulty's proposed New Clause (NC7) (Refugee Convention: construction):

   

Dr Evan Harris
Mr John Leech

(a)

Line     4,     leave out paragraphs (a) and (b) and insert "offences set out in section 1(1), 2, 5, 6, 8, 9, 10 or 11 of the Terrorism Act 2006.'.



 
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Prepared 27 Oct 2005