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| | Wednesday 16th November 2005 |
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| | Immigration, Asylum and Nationality Bill, As Amended
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| | | Over-staying leave pending appeal |
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| | To move the following Clause:— |
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| | | ‘(1) | A person does not commit an offence under section 24(1)(b)(i) of the |
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| | | Immigration Act 1971 (c. 77) (over-staying leave to enter or remain) by virtue |
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| | | only of remaining in the United Kingdom at a time when the conditions in this |
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| | | (a) | the person’s leave has been curtailed, or |
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| | | (b) | his application for variation of leave has been refused. |
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| | | (3) | Condition 2 is that a decision has been made to remove the person from the |
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| | | (a) | the person could bring an appeal against that decision while in the United |
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| | | Kingdom by virtue of sections 82(2)(g) and 92(4) of the Nationality, |
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| | | Immigration and Asylum Act 2002 (c. 41) (appeals) (ignoring any |
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| | | possibility of an appeal out of time with permission), or |
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15 | | (b) | the person has brought an appeal against that decision while in the United |
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| | | Kingdom by virtue of those sections and the appeal is pending. |
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| | | (5) | In subsection (4)(b) “pending” has the meaning given by section 104 of the |
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| | | Nationality, Immigration and Asylum Act 2002.’. |
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| | | As Amendments to Mr Secretary Clarke’s proposed New Clause (Over-staying leave |
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| | | ‘( ) | At a time when the conditions in this section are satisfied a person’s leave to enter |
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| | | or remain is extended by virtue of this section save that such extension shall not |
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| | | prevent a decision to remove the person from the United Kingdom being made.’. |
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| | Line 8, leave out subsection (3). |
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| | Line 8, after ‘been’, insert ‘, or could be’. |
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| | Line 10, leave out ‘3’ and insert ‘2’. |
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| | Line 11, at beginning insert ‘where a decision to remove a person from the United |
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| | Line 11, leave out from ‘decision’ to ‘(appeals)’ in line 13. |
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| | | Detained persons: national minimum wage |
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| | To move the following Clause:— |
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| | | ‘(1) | After section 153 of the Immigration and Asylum Act 1999 (c. 33) (removal |
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| | | “153A | Detained persons: national minimum wage |
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| | | A detained person does not qualify for the national minimum wage in |
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| | | respect of work which he does in pursuance of removal centre rules.” |
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| | | (2) | After section 45A of the National Minimum Wage Act 1998 (c. 39) (exemptions |
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| | | from national minimum wage: persons discharging fines) insert— |
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| | | “45B | Immigration: detained persons |
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| | | Section 153A of the Immigration and Asylum Act 1999 (c. 33) (persons |
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| | | detained in removal centres) disqualifies certain persons for the national |
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| | | Variation and removal decisions |
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| | To move the following Clause:— |
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| | | ‘After section 82 of the Nationality, Immigration and Asylum Act 2002 (Right of |
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| | | (1) | An immigration officer may decide that directions are to be given for the |
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| | | removal from the UK of a person if the Secretary of State has varied or |
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| | | refused to vary the person’s leave to enter or remain, with the effect that |
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| | | he has no leave to enter or remain otherwise than under subsection (3) |
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| | | (2) | The immigration officer may give directions for the person’s removal |
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| | | once the time for giving notice of appeal against the decision described |
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| | | in subsection (1) above has expired and no appeal under that subsection |
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| | | (3) | The person’s leave to enter or remain in the United Kingdom, |
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| | | notwithstanding the variation or refusal to vary his leave to enter or |
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| | | remain, is extended for the period during which no decision under |
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| | | subsection (1) above is taken and an appeal under section 82(1) of the |
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| | | Nationality, Immigration and Asylum Act 2002 (c. 41) could be brought |
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| | | against that decision or is pending.”.’. |
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| | | Entry clearance applications |
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| | To move the following Clause:— |
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| | | ‘For sections 90 and 91 of the Nationality, Immigration and Asylum Act 2002 |
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| | | (Restricted right of appeal in relation to entry clearance for visitor or student) |
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| | | subsubstitute the following— |
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| | | (1) | A person may not appeal under section 82(1) against refusal of entry |
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| | | clearance as a visitor unless the application was made for the purpose of |
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| | | visiting a member of the applicant’s family. |
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| | | (2) | In subsection (1) the reference to a member of the applicant’s family shall |
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| | | be construed in accordance with regulations made by the Secretary of |
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| | | (3) | Regulations made under subsection (2) may in particular |
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| | | (a) | define ‘member of the applicant’s family” for the purposes of |
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| | | (b) | make provision by reference to the duration of two individuals’ |
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| | | (4) | A person may not appeal under section 82(1) against refusal of entry |
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| | | clearance as a student if the application is for entry clearance to follow a |
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| | | (a) | the course of study for which he has been accepted will not last |
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| | | (b) | he has not been accepted for a course, or |
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| | | (c) | the course of study for which he has been accepted is not at a UK |
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| | | education institution on the approved register. |
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| | | (5) | Where a person has no right of appeal under subsections (1) or (4) above, |
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| | | a person applying for entry clearance as a dependant on his application |
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| | | shall have no right of appeal. |
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| | | (6) | Nothing in this section prevents the bringing of an appeal on either or |
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| | | both of the grounds referred to in section 84(1)(b), (c) and (g)”.’. |
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| | | Payment for accommodation |
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| | To move the following Clause:— |
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| | | ‘After section 4(9) of the Immigration and Asylum Act 1999 (accommodation) |
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| | | “(10) | For the purposes of this section, the Secretary of State may pay, or |
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| | | arrange for the payment of, subsistence support and facilities other than |
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| | | accommodation in cash.”.’. |
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| | Page 1, line 3, leave out Clause 1. |
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| | Page 1, line 16 [Clause 1], at end insert— |
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| | | ‘( ) | the leave was granted to a person to follow a course of study at a UK |
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| | | education institution on the approved register; or’. |
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| | Page 1, line 16 [Clause 1], at end insert— |
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| | | ‘( ) | the leave was granted to a person who had applied for but not been given |
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| | | asylum or humanitarian protection as an unaccompanied minor but had |
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| | | been granted exceptional or discretionary leave to enter or remain’. |
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| | Page 1, line 21 [Clause 1], at end insert— |
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| | | ‘(fc) | Variation of, or refusal to vary, a person’s limited leave to enter or remain |
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| | | in the United Kingdom if— |
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| | | (i) | the leave was granted to a person to follow a course of study at a |
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| | | UK education institution on the approved register; and |
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| | | (ii) | the result of the variation or refusal taking effect is that the |
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| | | (a) | complete that course of study, |
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| | | (b) | attend or undertake any event or activity in connection |
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| | | with that course of study, or |
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| | | (c) | move from that course of study to another course of |
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| | | study at the same or another institution.’. |
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| | Page 2, line 31 [Clause 3], at end insert— |
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| | | ‘( ) | An appeal under subsection (2) may be brought in the United Kingdom.’. |
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| | Page 2, line 36, leave out Clause 4. |
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| | Page 3, line 32 [Clause 4], at end insert— |
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| | | ‘(2) | For section 23(1) of the Immigration and Asylum Act 1999 (c. 33) (monitoring |
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| | | refusals of entry clearance) substitute— |
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| | | “(1) | The Secretary of State must appoint a person to monitor, in such manner |
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| | | as the Secretary of State may determine, refusals of entry clearance in |
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| | | cases where, as a result of section 88A of the Nationality, Immigration |
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| | | and Asylum Act 2002 (c. 41) (entry clearance: non-family visitors and |
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| | | students), an appeal under section 82(1) of that Act may be brought only |
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| | | on the grounds referred to in section 84(1)(b) and (c) of that Act (racial |
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| | | discrimination and human rights).”.’. |
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| | Page 5, line 18 [Clause 9], leave out from ‘Kingdom’ to end of line 21 and add— |
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| | | ‘(4A) | An appeal under section 82(1) brought by a person while he is in the United |
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| | | Kingdom shall be treated as abandoned if the appellant is granted leave to enter |
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| | | or remain in the United Kingdom (subject to subsections (4B) and (4C)). |
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| | | (4B) | Subsection (4A) shall not apply to an appeal in so far as it is brought on the |
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| | | ground relating to the Refugee Convention specified in section 84(1)(g) where the |
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| | | (a) | is granted leave to enter or remain in the United Kingdom for a period |
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| | | (b) | gives notice, in accordance with any relevant procedural rules (which |
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| | | may include provision about timing), that he wishes to pursue the appeal |
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| | | in so far as it is brought on that ground. |
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| | | (4C) | Subsection (4A) shall not apply to an appeal in so far as it is brought on the |
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| | | ground specified in section 84(1)(b) where the appellant gives notice, in |
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| | | accordance with any relevant procedural rules (which may include provision |
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| | | about timing), that he wishes to pursue the appeal in so far as it is brought on that |
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| | Page 5, line 25, leave out Clause 11. |
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| | Page 6, line 27, leave out Clauses 14 to 19. |
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| | Page 6, line 28 [Clause 14], after ‘employ’, insert ‘for more than 15 hours in any |
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