sc131910.21-23

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.E.
21

House of Commons

Wednesday 19th October 2005

Standing Committee Proceedings

Standing Committee E

Immigration, Asylum and Nationality Bill

[Second Sitting]

Dr Evan Harris

Mr John Leech

Not selected  88

Clause  1,  page  1,  line  11,  leave out ‘the’ and insert ‘previously’.

Dr Evan Harris

Mr John Leech

Withdrawn  85

Clause  1,  page  1,  line  11,  leave out ‘the leave was’ and insert ‘leave was

previously’.

Dr Evan Harris

Mr John Leech

Not called  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

Not called  18

Clause  1,  page  1,  leave out lines 15 to 21.

Mr Humfrey Malins

Mrs Cheryl Gillan

Mr Henry Bellingham

Not called  19

Clause  1,  page  1,  line  19,  leave out ‘and’ and insert ‘or’.

Dr Evan Harris

Mr John Leech

Not called  70

Clause  1,  page  1,  line  21,  at end insert—

‘( )
After paragraph (g) insert—

S.C.E.Standing Committee Proceedings: 19th October 2005
22

Immigration, Asylum and Nationality Bill, continued

“(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

Not moved  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

Not called  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

Withdrawn  12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

Not called  71

Clause  1,  page  2,  line  14,  at end insert—

‘( )  The Immigration and Asylum Act 1999 (c. 33) shall be amended as follows.

After Section 10 insert—

“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.”.’.

S.C.E.Standing Committee Proceedings: 19th October 2005
23

Immigration, Asylum and Nationality Bill, continued

Clause Agreed to on division.

Clause 2 Agreed to.

Dr Evan Harris

Mr John Leech

Not selected  107

Clause  3,  page  2,  line  22,  leave out subsection (2).

Clause Agreed to.

[Adjourned till tomorrow at 9.00 a.m.