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| Wednesday 19th October 2005 |
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| Immigration, Asylum and Nationality Bill
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| Clause 1, page 1, line 11, leave out ‘the’ and insert ‘previously’. |
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| Clause 1, page 1, line 11, leave out ‘the leave was’ and insert ‘leave was |
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| Clause 1, page 1, line 12, leave out from ‘Convention’ to end of line 14. |
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| Clause 1, page 1, leave out lines 15 to 21. |
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| Clause 1, page 1, line 19, leave out ‘and’ and insert ‘or’. |
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| Clause 1, page 1, line 21, at end insert— |
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| | ‘( ) | After paragraph (g) insert— |
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| | “(ga) | a decision that a person is to be removed from the United |
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| | Kingdom by way of directions under section 10A of the |
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| | Immigration and Asylum Act 1999” |
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| | ( ) | Section 92(2) of the Nationality, Immigration and Asylum Act 2002 (c. 41) shall |
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| | ( ) | Leave out “82(2)(c), (d)(e)(f) and (j)” and replace with “82(2)(c), (f), (fa), (fb), |
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| Clause 1, page 1, line 21, at end insert— |
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| | ‘(fc) | An order under section (82)(2)— |
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| | (i) | must be made by statutory instrument, |
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| | (ii) | may not be made unless a draft has been laid before and |
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| | approved by resolution of each House of Parliament, and |
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| | (iii) | may include transitional provision.’. |
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| Clause 1, page 1, line 21, at end insert— |
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| | ‘(fc) | No order shall be made under sub-paragraph (fb)(i) unless a draft of the |
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| | order has been laid before and approved by a resolution of each House of |
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| Clause 1 , page 2, line 14, at end insert ‘and shall be eligible for legal aid for each |
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| Clause 1, page 2, line 14, at end insert—
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| ‘( ) The Immigration and Asylum Act 1999 (c. 33) shall be amended as follows.
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| | (1) | An immigration officer may decide that directions are to be given for the removal |
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| | from the UK of a person if the Secretary of State has varied or refused to vary the |
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| | person’s leave to enter or remain with the effect that he has no leave to enter or |
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| | remain otherwise than under section 10A(3). |
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| | (2) | The immigration officer may give directions for the person’s removal once the |
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| | time for giving notice of appeal under section 82(2)(ga) of the Nationality, |
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| | Immigration and Asylum Act 2002 (c. 41) has expired and no appeal under that |
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| | (3) | The person’s leave to enter or remain in the United Kingdom, notwithstanding the |
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| | variation or refusal to vary his leave to enter or remain, is extended for the period |
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| | during which no decision under section 10A(1) is taken and an appeal under |
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| | section 82(1) of the Nationality, Immigration and Asylum Act 2002 (c. 41) could |
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| | be brought against a decision under section 10A(1) and whilst any appeal against |
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| | that decision is pending.”.’. |
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