Amendment Paper as at
Wednesday 16th November 2005
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.'.Mr Secretary Clarke
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.".'.
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; |
(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.'.
Mr Humfrey Malins
Mrs Cheryl Gillan
Mr Henry Bellingham
5
Page 2, line 31 [Clause 3], at end insert—
| '( ) | An appeal under subsection (2) may be brought in the United Kingdom.'. |
Mr Humfrey Malins
Mrs Cheryl Gillan
Mr Henry Bellingham
6
Page 2, line 36, leave out Clause 4.
Mr Secretary Clarke
27
Page 3, line 32 [Clause 4], at end insert—
'(2) For section 23(1) of the Immigration and Asylum Act 1999 (c. 33) (monitoring refusals of entry clearance) substitute—
"(1) The Secretary of State must appoint a person to monitor, in such manner as the Secretary of State may determine, refusals of entry clearance in cases where, as a result of section 88A of the Nationality, Immigration and Asylum Act 2002 (c. 41) (entry clearance: non-family visitors and students), an appeal under section 82(1) of that Act may be brought only on the grounds referred to in section 84(1)(b) and (c) of that Act (racial discrimination and human rights).".'.
