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Index of Amendments

          

NOTICES OF AMENDMENTS

given up to and including

Monday 14th November 2005


New Amendments handed in are marked thus *

CONSIDERATION OF BILL

IMMIGRATION, ASYLUM AND NATIONALITY BILL


NEW CLAUSES

Over-staying leave pending appeal

   

Mr Secretary Clarke

NC1

To move the following Clause:—

    '(1)   A person does not commit an offence under section 24(1)(b)(i) of the Immigration Act 1971 (c. 77) (over-staying leave to enter or remain) by virtue only of remaining in the United Kingdom at a time when the conditions in this section are satisfied.

    (2)   Condition 1 is that—

(a) the person's leave has been curtailed, or

(b) his application for variation of leave has been refused.

    (3)   Condition 2 is that a decision has been made to remove the person from the United Kingdom.

    (4)   Condition 3 is that—

(a) the person could bring an appeal against that decision while in the United Kingdom by virtue of sections 82(2)(g) and 92(4) of the Nationality, Immigration and Asylum Act 2002 (c. 41) (appeals) (ignoring any possibility of an appeal out of time with permission), or

(b) the person has brought an appeal against that decision while in the United Kingdom by virtue of those sections and the appeal is pending.

    (5)   In subsection (4)(b) "pending" has the meaning given by section 104 of the Nationality, Immigration and Asylum Act 2002.'.

As Amendments to Mr Secretary Clarke's proposed New Clause (Over-Staying leave pending appeal) (NC1):—

   

Mr Alistair Carmichael
Dr Evan Harris
Mr Mark Oaten
Mr Charles Kennedy
Sir Menzies Campbell
Andrew Stunell

(c)

*Line     4,     at end insert—

    '( )   At a time when the conditions in this section are satisfied a person's leave to enter or remain is extended by virtue of this section save that such extension shall not prevent a decision to remove the person from the United Kingdom being made.'.

   

Mr Alistair Carmichael
Dr Evan Harris
Mr Mark Oaten
Mr Charles Kennedy
Sir Menzies Campbell
Andrew Stunell

(a)

Line     8,     leave out subsection (3).

   

Mr Alistair Carmichael
Dr Evan Harris
Mr Mark Oaten
Mr Charles Kennedy
Sir Menzies Campbell
Andrew Stunell

(d)

*Line     8,     after 'been', insert ', or could be'.

   

Mr Alistair Carmichael
Dr Evan Harris
Mr Mark Oaten
Mr Charles Kennedy
Sir Menzies Campbell
Andrew Stunell

(b)

Line     10,     leave out '3' and insert '2'.

   

Mr Alistair Carmichael
Dr Evan Harris
Mr Mark Oaten
Mr Charles Kennedy
Sir Menzies Campbell
Andrew Stunell

(e)

*Line     11,     at beginning insert 'where a decision to remove a person from the United Kingdom has been made'.

   

Mr Alistair Carmichael
Dr Evan Harris
Mr Mark Oaten
Mr Charles Kennedy
Sir Menzies Campbell
Andrew Stunell

(f)

*Line     11,     leave out from 'decision' to '(appeals)' in line 13.


Detained persons: national minimum wage

   

Mr Secretary Clarke

NC2

To move the following Clause:—

    '(1)   After section 153 of the Immigration and Asylum Act 1999 (c. 33) (removal centres: rules) insert—

    "153A   Detained persons: national minimum wage

       A detained person does not qualify for the national minimum wage in respect of work which he does in pursuance of removal centre rules."

    (2)   After section 45A of the National Minimum Wage Act 1998 (c. 39) (exemptions from national minimum wage: persons discharging fines) insert—

    "45B   Immigration: detained persons

       Section 153A of the Immigration and Asylum Act 1999 (c. 33) (persons detained in removal centres) disqualifies certain persons for the national minimum wage.".'.


Housing accommodation and homelessness: non-British citizens: Scotland

   

Mr Secretary Clarke

NC3

To move the following Clause:—

    '(1)   A person from abroad of a class specified in an order made by the Secretary of State—

(a) is not entitled to be admitted to a housing list under section 19 of the Housing (Scotland) Act 1987 (c.26) (c.26),

(b) is not eligible for an allocation of housing—

(i) provided under Part 1 of that Act by a local authority (within the meaning of that Act), or

(ii) provided by a registered social landlord (within the meaning of that Act),

(c) is not eligible for accommodation or assistance under Part 2 of that Act, and

(d) is to be disregarded in determining for the purposes of those provisions whether another person—

(i) is homeless or threatened with homelessness, or

(ii) has a priority need for accommodation.

    (2)   No person who is—

(a) subject to immigration control within the meaning of section 118 of the Immigration and Asylum Act 1999 (c.33), or

(b) a British citizen,

    shall be included in any class specified in an order under subsection (1).

    (3)   An order under subsection (1)—

(a) shall be made by statutory instrument, and

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.


Variation and removal decisions

   

Mr Alistair Carmichael
Dr Evan Harris
Mr Mark Oaten
Mr Charles Kennedy
Sir Menzies Campbell
Andrew Stunell

NC4

*To move the following Clause:—

    'After section 82 of the Nationality, Immigration and Asylum Act 2002 (Right of appeal: general) insert—

    "82A   Variation appeals

    (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 subsection (3) below.

    (2)   The immigration officer may give directions for the person's removal once the time for giving notice of appeal against the decision described in subsection (1) above 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 subsection (1) above is taken and an appeal under section 82(1) of the Nationality, Immigration and Asylum Act 2002 (c. 41) could be brought against that decision or is pending.".'.


Entry clearance applications

   

Mr Alistair Carmichael
Dr Evan Harris
Mr Mark Oaten
Mr Charles Kennedy
Sir Menzies Campbell
Andrew Stunell

NC5

*To move the following Clause:—

    'For sections 90 and 91 of the Nationality, Immigration and Asylum Act 2002 (Restricted right of appeal in relation to entry clearance for visitor or student) subsubstitute the following—

    "90   Entry clearance

    (1)   A person may not appeal under section 82(1) against refusal of entry clearance as a visitor unless the application was made for the purpose of visiting a member of the applicant's family.

    (2)   In subsection (1) the reference to a member of the applicant's family shall be construed in accordance with regulations made by the Secretary of State.

    (3)   Regulations made under subsection (2) may in particular

(a) define 'member of the applicant's family" for the purposes of this section;

(b) make provision by reference to the duration of two individuals' residence together;

(c) confer a discretion.

    (4)   A person may not appeal under section 82(1) against refusal of entry clearance as a student if the application is for entry clearance to follow a course of study and—

(a) the course of study for which he has been accepted will not last more than six months,

(b) he has not been accepted for a course, or

(c) the course of study for which he has been accepted is not at a UK education institution on the approved register.

    (5)   Where a person has no right of appeal under subsections (1) or (4) above, a person applying for entry clearance as a dependant on his application shall have no right of appeal.

    (6)   Nothing in this section prevents the bringing of an appeal on either or both of the grounds referred to in section 84(1)(b), (c) and (g)".'.


Payment for accommodation

   

Mr Alistair Carmichael
Dr Evan Harris
Mr Mark Oaten
Mr Charles Kennedy
Sir Menzies Campbell
Andrew Stunell

NC6

*To move the following Clause:—

    'After section 4(9) of the Immigration and Asylum Act 1999 (accommodation) add—

    "(10)   For the purposes of this section, the Secretary of State may pay, or arrange for the payment of, subsistence support and facilities other than accommodation in cash.".'.


   

Mr Alistair Carmichael
Dr Evan Harris
Mr Mark Oaten
Mr Charles Kennedy
Sir Menzies Campbell
Andrew Stunell

47

*Page     1,     line     3,     leave out Clause 1.

   

Mr Humfrey Malins
Mrs Cheryl Gillan
Mr Henry Bellingham
Mr Roger Gale

4

Page     1,     line     16     [Clause     1],     at end insert—

'() the leave was granted to a person to follow a course of study at a UK education institution on the approved register; or'.

   

Mr Neil Gerrard

33

Page     1,     line     16     [Clause     1],     at end insert—

'() the leave was granted to a person who had applied for but not been given asylum or humanitarian protection as an unaccompanied minor but had been granted exceptional or discretionary leave to enter or remain'.

   

Mr Humfrey Malins
Mrs Cheryl Gillan
Mr Henry Bellingham
Mr Roger Gale

3

Page     1,     line     21     [Clause     1],     at end insert—

'(fc) Variation of, or refusal to vary, a person's limited leave to enter or remain in the United Kingdom if—

(i) the leave was granted to a person to follow a course of study at a UK education institution on the approved register; and

(ii) the result of the variation or refusal taking effect is that the person is unable to—

        (a)   complete that course of study,

        (b)   attend or undertake any event or activity in connection with that course of study, or

        (c)   move from that course of study to another course of study at the same or another institution.'.



 
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Prepared 14 Nov 2005