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45

 
 

House of Commons

 
 

Thursday 27th October 2005

 

Standing Committee Proceedings

 

Standing Committee E

 

Immigration, Asylum and Nationality Bill


 

[seventh and Eight Sittings]


 

Mr Tony McNulty

 

Agreed to  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

 

Not called  106

 

Schedule  3,  page  30,  line  24,  at end add—

 

Asylum and Immigration (Treatment

Section (9)’.

 
 

of Claimants etc..) Act 2004 (c.19).

  
 

Schedule, as amended, Agreed to.

 

Clause 47 Agreed to.

 


 

Mr Tony McNulty

 

Agreed to  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

 

Agreed to  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).’.


 
 

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

46

 

Immigration, Asylum and Nationality Bill, continued

 
 

Clause, as amended, Agreed to.

 

Clause 49 Agreed to.

 


 

New Clauses

 

Asylum and human rights claims: definition

 

Mr Tony McNulty

 

Added  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

 

Added  NC2

 

To move the following Clause:—

 

‘After section 88(2)(b) of the Nationality, Immigration and Asylum Act 2002 (c.

 

41) (appeal: ineligibility) insert—


 
 

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

47

 

Immigration, Asylum and Nationality Bill, continued

 
 

“(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

 

Added  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

 

Added  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

5

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

 

Not called  (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

 

Not called  (b)

 

Line  5,  at end insert—


 
 

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

48

 

Immigration, Asylum and Nationality Bill, continued

 
 

‘(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

 

Added  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).

5

(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

10

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.”

15

(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

 

Not called  (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,


 
 

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

49

 

Immigration, Asylum and Nationality Bill, continued

 
 

(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

 

Added  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

 

Added, on division  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

5

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

10

grounds that Article 1(F) of the Refugee Convention applies, or makes any other


 
 

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

50

 

Immigration, Asylum and Nationality Bill, continued

 
 

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

15

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

20

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

25

(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

 

Not called  (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.’.

 


 

Appeals: deportation

 

Mr Tony McNulty

 

Added  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

5

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,

10

(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


 
 

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

51

 

Immigration, Asylum and Nationality Bill, continued

 
 

United Kingdom) it shall be assumed that section 92 of this

15

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

20

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

25

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

30

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—

35

“(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.”.’.

 

As an Amendment to Mr Tony McNulty’s proposed New Clause (NC8) (Appeals:

 

deportation):

 

Dr Evan Harris

 

Mr John Leech

 

Not called  (a)

 

Line  33,  leave out subsection (4).

 


 

Information: embarking passengers

 

Mr Tony McNulty

 

Added  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;


 
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