Immigration, Asylum and Nationality Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Immigration, Asylum and Nationality Bill

Immigration, Asylum and Nationality Bill
1

A
Bill
[AS AMENDED IN STANDING COMMITTEE E]
To
Make provision about immigration, asylum and nationality; and for
connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Appeals
1
Variation of leave to enter or remain
(1)
Section 82(2) of the Nationality, Immigration and Asylum Act 2002 (c. 41)
(right of appeal: definition of immigration decision) shall be amended as
follows.
5
(2)
Omit paragraph (d) (refusal to vary leave to enter or remain).
(3)
Omit paragraph (e) (variation of leave to enter or remain).
(4)
After paragraph (f) (revocation of indefinite leave to enter or remain) insert—
“(fa)
variation of, or refusal to vary, a person’s limited leave to enter
or remain in the United Kingdom if—
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(i)
the leave was granted to the person as a refugee within
the meaning of the Refugee Convention, and
(ii)
the result of the variation, or refusal, taking effect is that
the person has no leave to enter or remain,
(fb)
variation of, or refusal to vary, a person’s limited leave to enter
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or remain in the United Kingdom if—
(i)
the leave was granted, or the decision was taken, in
circumstances of a kind specified for the purpose of this
paragraph by order of the Secretary of State, and
(ii)
the result of the variation, or refusal, taking effect is that
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the person has no leave to enter or remain,”.

Bill 70 54/1

Immigration, Asylum and Nationality Bill
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(5)
After section 83 of that Act (right of appeal: asylum claim) insert—
“83A
Appeal: variation of limited leave
(1)
This section applies where—
(a)
a person has made an asylum claim,
(b)
he was granted limited leave to enter or remain in the United
5
Kingdom as a refugee within the meaning of the Refugee
Convention,
(c)
a decision is made that he is not a refugee, and
(d)
following the decision specified in paragraph (c) he has limited
leave to enter or remain in the United Kingdom otherwise than
10
as a refugee, as a result of which section 82(2)(fa) does not
apply.
(2)
The person may appeal to the Tribunal against the decision to curtail or
to refuse to extend his limited leave.”
2
Removal
15
In section 82(2)(g) of the Nationality, Immigration and Asylum Act 2002 (c. 41)
(right of appeal: removal) for “section 10(1)(a), (b) or (c)” substitute “section
10(1)(a), (b), (ba) or (c)”.
3
Grounds of appeal
(1)
Section 84 of the Nationality, Immigration and Asylum Act 2002 (grounds of
20
appeal) shall be amended as follows.
(2)
After subsection (1) insert—
“(1A)
In the application of subsection (1)(a) to (g) to an appeal under section
82(2)(g) a reference to the decision against which an appeal is brought
(“the appealable decision”) includes a reference to any other decision
25
under or in accordance with the Immigration Acts, other than an
immigration decision within the meaning given by section 82(2),
which—
(a)
was made in respect of the appellant, and
(b)
gave rise to or facilitated the making of the appealable
30
decision.”
(3)
After subsection (3) add—
“(4)
An appeal under section 83A must be brought on the grounds that
removal of the appellant from the United Kingdom would breach the
United Kingdom’s obligations under the Refugee Convention.”
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4
Entry clearance
For sections 88A, 90 and 91 of the Nationality, Immigration and Asylum Act
2002 (restricted right of appeal in relation to refusal of entry clearance for

Immigration, Asylum and Nationality Bill
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visitor or student) substitute—
“88A
Entry clearance
(1)
A person may not appeal under section 82(1) against refusal of an
application for entry clearance unless the application was made for the
purpose of—
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(a)
visiting a person of a class or description prescribed by
regulations for the purpose of this subsection, or
(b)
entering as the dependant of a person in circumstances
prescribed by regulations for the purpose of this subsection.
(2)
Regulations under subsection (1) may, in particular—
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(a)
make provision by reference to whether the applicant is a
member of the family (within such meaning as the regulations
may assign) of the person he seeks to visit;
(b)
provide for the determination of whether one person is
dependent on another;
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(c)
make provision by reference to the circumstances of the
applicant, of the person whom the applicant seeks to visit or on
whom he depends, or of both (and the regulations may, in
particular, include provision by reference to—
(i)
whether or not a person is lawfully settled in the United
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Kingdom within such meaning as the regulations may
assign;
(ii)
the duration of two individuals’ residence together);
(d)
make provision by reference to an applicant’s purpose in
entering as a dependant;
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(e)
make provision by reference to immigration rules;
(f)
confer a discretion.
(3)
Subsection (1)—
(a)
does not prevent the bringing of an appeal on either or both of
the grounds referred to in section 84(1)(b) and (c), and
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(b)
is without prejudice to the effect of section 88 in relation to an
appeal under section 82(1) against refusal of entry clearance.”
5
Failure to provide documents
After section 88(2)(b) of the Nationality, Immigration and Asylum Act 2002
(c. 41) (appeal: ineligibility) insert—
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“(ba)
has failed to supply a medical report or a medical certificate in
accordance with a requirement of immigration rules,”.
6
Refusal of leave to enter
For section 89 of the Nationality, Immigration and Asylum Act 2002 (appeal
against refusal of leave to enter: visitor or student without entry clearance)
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substitute—
“89
Refusal of leave to enter
(1)
A person may not appeal under section 82(1) against refusal of leave to
enter the United Kingdom unless—

Immigration, Asylum and Nationality Bill
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(a)
on his arrival in the United Kingdom he had entry clearance,
and
(b)
the purpose of entry specified in the entry clearance is the same
as that specified in his application for leave to enter.
(2)
Subsection (1) does not prevent the bringing of an appeal on any or all
5
of the grounds referred to in section 84(1)(b), (c) and (g).”
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Deportation
(1)
After section 97 of the Nationality, Immigration and Asylum Act 2002 (c. 41)
(appeals: national security) insert—
“97A
National security: deportation
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(1)
This section applies where the Secretary of State certifies that the
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—
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(a)
section 79 shall not apply,
(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
20
United Kingdom) it shall be assumed that section 92 of this
Act—
(i)
would not apply to an appeal against the decision to
make the deportation order by virtue of section 92(2) to
(3D),
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(ii)
would not apply to an appeal against that decision by
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
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human rights claim unless the Secretary of State certifies
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
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(2)(c)(iii) may appeal to the Special Immigration Appeals Commission
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.”
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(2)
In section 112 of that Act (regulations, &c.) after subsection (5A) insert—
“(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
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(c)
may include transitional provision.”