sc132010.25-31

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.E.
25

House of Commons

Thursday 20th October 2005

Standing Committee Proceedings

Standing Committee E

Immigration, Asylum and Nationality Bill

[Third and fourth Sittings]

Dr Evan Harris

Mr John Leech

Withdrawn  92

Clause  4,  page  3,  line  3,  at beginning insert ‘subject to subsection (1A)’.

Dr Evan Harris

Mr John Leech

Withdrawn  72

Clause  4,  page  3,  line  7,  leave out ‘regulations’ and insert ‘order’.

Dr Evan Harris

Mr John Leech

Not called  73

Clause  4,  page  3,  line  9,  leave out ‘regulations’ and insert ‘order’.

Mr Humfrey Malins

Mrs Cheryl Gillan

Mr Henry Bellingham

Negatived on division  24

Clause  4,  page  3,  line  9,  at end insert ‘or

(c)
following a course of study of more than six months duration at an

institution on the approved register for which he has been accepted.’.

Dr Evan Harris

Mr John Leech

Not called  78

Clause  4,  page  3,  line  9,  at end insert ‘, or

(c)
entering for any other purpose prescribed by order for the purpose of this

subsection.’.

S.C.E.Standing Committee Proceedings: 20th October 2005
26

Immigration, Asylum and Nationality Bill, continued

Dr Evan Harris

Mr John Leech

Not called  83

Clause  4,  page  3,  line  9,  at end insert ‘or

(c)
entering for settlement as a returning resident in accordance with the

provisions of the immigration rules’.

Dr Evan Harris

Mr John Leech

Not called  84

Clause  4,  page  3,  line  9,  at end insert ‘or

(c)
entering in accordance with the terms of any provision of the immigration

rules which relates to a provision of community law’.

Dr Evan Harris

Mr John Leech

Not called  90

Clause  4,  page  3,  line  9,  at end insert ‘, or

(c)
entering for any other purpose prescribed by regulations for the purpose

of this subsection.’.

Dr Evan Harris

Mr John Leech

Not called  91

Clause  4,  page  3,  line  9,  at end insert ‘, or

(c)
entering as the dependant of a person authorised to study or seek or take

employment or of an authorised self-employed person in the United

Kingdom, as prescribed by regulations for the purpose of this

subsection.’.

Dr Evan Harris

Mr John Leech

Not called  93

Clause  4,  page  3,  line  9,  at end insert—

‘(1A)
Subsection (1) shall only apply at such time as a review procedure carried out by

Immigration Judges on circuit at entry clearance posts is deemed to be operating

satisfactorily by the Independent Monitor’.

Dr Evan Harris

Mr John Leech

Not called  104

Clause  4,  page  3,  line  10,  leave out ‘Regulations’ and insert ‘an order’.

Dr Evan Harris

Mr John Leech

Not called  74

Clause  4,  page  3,  line  12,  leave out ‘regulations’ and insert ‘order’.

Dr Evan Harris

Mr John Leech

Not called  75

Clause  4,  page  3,  line  18,  leave out ‘regulation’ and insert ‘order’.

S.C.E.Standing Committee Proceedings: 20th October 2005
27

Immigration, Asylum and Nationality Bill, continued

Dr Evan Harris

Mr John Leech

Not called  80

Clause  4,  page  3,  line  20,  at beginning insert ‘in the circumstances specified in

subsection (1)(a) above,’.

Dr Evan Harris

Mr John Leech

Not called  76

Clause  4,  page  3,  line  21,  leave out ‘regulation’ and insert ‘order’.

Dr Evan Harris

Mr John Leech

Not called  79

Clause  4,  page  3,  line  24,  leave out paragraph (d).

Mr Tony McNulty

Agreed to  55

Clause  4,  page  3,  leave out lines 28 to 32.

Mr Tony McNulty

Agreed to  56

Clause  4,  page  3,  line  33,  leave out ‘Subsections (1) and (3)’ and insert ‘Subsection

(1)’.

Mr Tony McNulty

Agreed to  57

Clause  4,  page  3,  line  34,  leave out ‘do’ and insert ‘does’.

Mr Tony McNulty

Agreed to  58

Clause  4,  page  3,  line  36,  leave out ‘are’ and insert ‘is’.

Mr Humfrey Malins

Mrs Cheryl Gillan

Mr Henry Bellingham

Negatived on division  11

Clause  4    ,  page  3,  line  37,  at end add—

‘(5)
The Independent Monitor may make recommendations to the Home Secretary

concerning the reasonableness of any decisions made relating to grants or refusals

of entry clearance.’.

Mr Humfrey Malins

Mrs Cheryl Gillan

Mr Henry Bellingham

Not called  20

Clause  4,  page  3,  line  37,  at end add—

‘(5)
Subsections (1) to (4) will not take effect until such time as a review procedure

carried out by immigration judges on circuit at entry clearance posts is deemed to

be operating satisfactorily by the Independent Monitor.’.

S.C.E.Standing Committee Proceedings: 20th October 2005
28

Immigration, Asylum and Nationality Bill, continued

Mr Humfrey Malins

Mrs Cheryl Gillan

Mr Henry Bellingham

Not called  21

Clause  4,  page  3,  line  37,  at end add—

‘(5)
A person who may not appeal under section 82(1) shall be entitled to request that

a refusal of an application for entry clearance is reviewed by the Independent

Monitor or his appointee.’.

Dr Evan Harris

Mr John Leech

Not called  82

Clause  4,  page  3,  line  37,  at end add—

‘( )
An order under this section shall not be made unless a draft has been laid before

and approved by resolution of each House of Parliament.’.

Dr Evan Harris

Mr John Leech

Not selected  87

Page  2,  line  36,  leave out Clause 4.

Clause, as amended, Agreed to on division.

Dr Evan Harris

Mr John Leech

Withdrawn  103

Clause  5,  page  4,  line  1,  leave out paragraph (b) and insert—

‘(b)
if section 92(3)(c) applies.’.

Clause Agreed to.

Clause 6 Agreed to.

Dr Evan Harris

Mr John Leech

Withdrawn  95

Clause  7,  page  4,  line  25,  at end add—

‘(4B)
This section shall not apply where an applicant’s appeal has been allowed on

human rights grounds but dismissed on Refugee Convention grounds and the

pending appeal relates to the dismissal of the Refugee Convention claim.’.

Clause Agreed to.

Clause 8 Agreed to.

S.C.E.Standing Committee Proceedings: 20th October 2005
29

Immigration, Asylum and Nationality Bill, continued

Mr Humfrey Malins

Mrs Cheryl Gillan

Mr Henry Bellingham

Withdrawn  23

Clause  9,  page  5,  line  2,  at end insert ‘including provision for a grace period’.

Mr Humfrey Malins

Mrs Cheryl Gillan

Mr Henry Bellingham

Dr Evan Harris

Mr John Leech

Not selected  22

Page  4,  line  29,  leave out Clause 9.

Clause Agreed to.

Clause 10 Agreed to.

Mr Tony McNulty

Agreed to  59

Schedule  1,  page  27,  line  9,  at end insert—

‘3A
After section 82(3) insert—

“(3A)
If a person has made an application for variation of limited leave to

enter or remain, of a kind referred to in subsection (2)(fa) or (fb), and

that application has been refused, his leave to enter or remain is

extended by virtue of this subsection during any period within which

an appeal against the refusal—

(a)
could be brought (ignoring any possibility of an appeal out of

time with permission), or

(b)
is pending.”.’.

Mr Tony McNulty

Agreed to  60

Schedule  1,  page  27,  line  29,  leave out from ‘orders)’ to end of line 30 and insert

‘for subsection (3A) substitute’.

Schedule, as amended, Agreed to.

Mr Humfrey Malins

Mrs Cheryl Gillan

Mr Henry Bellingham

Withdrawn  7

Clause  11,  page  5,  line  11,  leave out ‘an adult’ and insert ‘a person’.

Mr Neil Gerrard

Withdrawn  17

Clause  11,  page  5,  line  17,  leave out sub-paragraph (ii).

S.C.E.Standing Committee Proceedings: 20th October 2005
30

Immigration, Asylum and Nationality Bill, continued

Mr Humfrey Malins

Mrs Cheryl Gillan

Mr Henry Bellingham

Withdrawn  69

Clause  11,  page  5,  line  24,  at end insert—

‘(3A)
An employer is excused from paying the penalty if it is the first time he has acted

contrary to this section, and the employer—

(a)
co-operates fully with enforcement officers; and

(b)
is willing to take help and advice to avoid the repetition of the offence;’.

Mr Humfrey Malins

Mrs Cheryl Gillan

Mr Henry Bellingham

Not called  8

Clause  11    ,  page  5,  line  25,  after ‘knew’, insert ‘or believed’.

Mr Humfrey Malins

Mrs Cheryl Gillan

Mr Henry Bellingham

Not called  65

Clause  11,  page  5,  line  28,  leave out subsection (5).

Mr Humfrey Malins

Mrs Cheryl Gillan

Mr Henry Bellingham

Withdrawn  9

Clause  11    ,  page  5,  line  36,  leave out paragraph (d).

Mr Humfrey Malins

Mrs Cheryl Gillan

Mr Henry Bellingham

Not called  66

Clause  11,  page  5,  line  36,  at end insert—

‘(da)
provide information about compliance and support’.

Mr Humfrey Malins

Mrs Cheryl Gillan

Mr Henry Bellingham

Not called  67

Clause  11,  page  5,  line  36,  at end insert—

‘(da)
provide information about the civil penalty regime for a repeat offence’.

Dr Evan Harris

Mr John Leech

Not called  96

Clause  11,  page  5,  line  36,  at end add—

‘(da)
explain how the employer may be excused from paying the penalty and

specify any requirements prescribed for the purposes of subsection (3),’.

S.C.E.Standing Committee Proceedings: 20th October 2005
31

Immigration, Asylum and Nationality Bill, continued

Dr Evan Harris

Mr John Leech

Not called  97

Clause  11,  page  5,  line  36,  at end insert—

‘(da)
explain how the employer may appeal against the penalty,’.

Clause Agreed to.

Mr Humfrey Malins

Mrs Cheryl Gillan

Mr Henry Bellingham

Withdrawn  25

Clause  12,  page  6,  line  13,  leave out ‘or’.

Mr Humfrey Malins

Mrs Cheryl Gillan

Mr Henry Bellingham

Not called  26

Clause  12,  page  6,  line  14,  at end insert ‘or

(d)
the amount of the penalty would threaten the future viability of the

employer’s business.’.

Mr Humfrey Malins

Mrs Cheryl Gillan

Mr Henry Bellingham

Not called  10

Clause  12    ,  page  6,  line  20,  at end insert ‘which shall be not less than 21 days.’.

Mr Humfrey Malins

Mrs Cheryl Gillan

Mr Henry Bellingham

Not called  27

Clause  12,  page  6,  line  24,  at end insert—

‘(ba)
set out a timetable for the payment of the penalty which takes account of

the viability of the employer’s business,’.

Mr Humfrey Malins

Mrs Cheryl Gillan

Mr Henry Bellingham

Not called  5

Clause  12,  page  6,  line  25,  leave out paragraph (c).

Mr Humfrey Malins

Mrs Cheryl Gillan

Mr Henry Bellingham

Not called  68

Clause  12,  page  6,  line  30,  after ‘decision’, insert ‘and give reasons’.