06145.1-6

House of Commons

Session 2005 - 06
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Other Bills before Parliament

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LORDS amendments to the
Immigration, Asylum and Nationality Bill
[The page and line references are to HL Bill 43, the bill as first printed for the Lords.]
Clause 1
1
Page 1, line 3, leave out subsections (1) to (4)
2
Page 2, line 1, leave out “that Act” and insert “the Nationality, Immigration and

Asylum Act 2002 (c. 41)”
3
Page 2, line 11, leave out from “refugee” to end of line 12
Clause 3
4
Page 2, line 20, leave out subsections (1) and (2)
5
Page 2, line 32, leave out “subsection (3)” and insert “section 84(3) of the

Nationality, Immigration and Asylum Act 2002 (c. 41) (grounds of appeal)”
Clause 4
6
Page 3, line 41, at end insert—

“(3)
Within the period of three years beginning with the commencement (for

any purpose) of subsection (1), the Secretary of State shall lay before

Parliament a report about the effect of that subsection; and the report—

(a)
must specify the number of applications for entry clearance made

during that period,

(b)
must specify the number of those applications refused,

(c)
must specify the number of those applications granted, after an

initial indication to the applicant of intention to refuse the

application, as a result of further consideration in accordance with

arrangements established by the Secretary of State,

(d)
must describe those arrangements,

(e)
must describe the effect of regulations made under section

88A(1)(a) or (b) as substituted by subsection (1) above,

(f)
may include other information about the process and criteria used

to determine applications for entry clearance, and

(g)
may record opinions.”

Bill 145 54/1

2

Clause 11
7
Page 6, line 7, leave out subsection (2) and insert—

“(2)
In subsection (2)(b) (continuation pending possible appeal) after “could be

brought” insert “, while the appellant is in the United Kingdom,”.

(2A)
In subsection (2)(c) (continuation pending actual appeal) after “against that

decision” insert “, brought while the appellant is in the United Kingdom,”.”
8
Page 6, line 19, at end insert—

“(4)
After section 3C insert—

“3D
Continuation of leave following revocation

(1)
This section applies if a person’s leave to enter or remain in the

United Kingdom—

(a)
is varied with the result that he has no leave to enter or

remain in the United Kingdom, or

(b)
is revoked.

(2)
The person’s leave is extended by virtue of this section during any

period when—

(a)
an appeal under section 82(1) of the Nationality,

Immigration and Asylum Act 2002 could be brought, while

the person is in the United Kingdom, against the variation

or revocation (ignoring any possibility of an appeal out of

time with permission), or

(b)
an appeal under that section against the variation or

revocation, brought while the appellant is in the United

Kingdom, is pending (within the meaning of section 104 of

that Act).

(3)
A person’s leave as extended by virtue of this section shall lapse if

he leaves the United Kingdom.

(4)
A person may not make an application for variation of his leave to

enter or remain in the United Kingdom while that leave is extended

by virtue of this section.”

(5)
Section 82(3) of the Nationality, Immigration and Asylum Act 2002 (c. 41)

(variation and revocation: extension of leave pending appeal) shall cease to

have effect.”
Clause 13
9
Leave out Clause 13
After Clause 13
10
Insert the following new Clause—

“Appeal from within United Kingdom: certification of unfounded claim

After section 94(6A) of the Nationality, Immigration and Asylum Act 2002

(c. 41) (appeal from within United Kingdom: unfounded human rights or

asylum claim) insert—

3

“(6B)
A certificate under subsection (1A) or (2) may not be issued (and

subsection (3) shall not apply) in relation to an appeal under section

82(2)(d) or (e) against a decision relating to leave to enter or remain

in the United Kingdom, where the leave was given in circumstances

specified for the purposes of this subsection by order of the

Secretary of State.””
Clause 15
11
Page 7, line 31, leave out sub-paragraph (ii) and insert—

“(ii)
has ceased to have effect (whether by reason of curtailment,

revocation, cancellation, passage of time or otherwise),”
Clause 20
12
Page 10, line 24, at end insert “and”
13
Page 10, line 25, leave out from “instrument,” to “shall” in line 26 and insert—

“(2)
An order under section 15(2) may not be made unless a draft has been laid

before and approved by resolution of each House of Parliament.

(3)
Any other order”
Clause 21
14
Page 10, line 35, leave out sub-paragraph (ii) and insert—

“(ii)
has ceased to have effect (whether by reason of curtailment,

revocation, cancellation, passage of time or otherwise),”
Clause 23
15
Page 11, line 39, leave out sub-paragraph (i) and insert—

“(i)
the Commission for Equality and Human Rights,”
16
Page 12, line 16, at end insert—

“(6)
Until the dissolution of the Commission for Racial Equality, the reference

in subsection (2)(a)(i) to the Commission for Equality and Human Rights

shall be treated as a reference to the Commission for Racial Equality.”
Clause 34
17
Page 17, line 37, at end insert—

“(1A)
But—

(a)
a person who fails without reasonable excuse to comply with a

requirement imposed under section 32(2) or 33(2) by a constable in

England and Wales or Northern Ireland otherwise than in relation

to a reserved matter (within the meaning of the Scotland Act 1998)

shall not be treated as having committed the offence in Scotland

(but has committed the offence in England and Wales or Northern

Ireland), and

(b)
a person who fails without reasonable excuse to comply with a

requirement which is imposed under section 32(3) for the purpose

of complying with a requirement to which paragraph (a) applies—

4

(i)
shall not be treated as having committed the offence in

Scotland, but

(ii)
shall be treated as having committed the offence in England

and Wales or Northern Ireland.”
Clause 43
18
Page 25, line 19, at end insert—

“(7)
At the end of section 4 of the Immigration and Asylum Act 1999 (c. 33)

(accommodation) add—

“(10)
The Secretary of State may make regulations permitting a person

who is provided with accommodation under this section to be

supplied also with services or facilities of a specified kind.

(11)
Regulations under subsection (10)—

(a)
may, in particular, permit a person to be supplied with a

voucher which may be exchanged for goods or services,

(b)
may not permit a person to be supplied with money,

(c)
may restrict the extent or value of services or facilities to be

provided, and

(d)
may confer a discretion.””
After Clause 43
19
Insert the following new Clause—

“Failed asylum-seekers: withdrawal of support

(1)
The Secretary of State may by order provide for paragraph 7A of Schedule

3 to the Nationality, Immigration and Asylum Act 2002 (c. 41) (failed

asylum-seeker with family: withdrawal of support) to cease to have effect.

(2)
An order under subsection (1) shall also provide for the following to cease

to have effect—

(a)
section 9(1), (2) and (4) of the Asylum and Immigration (Treatment

of Claimants, etc.) Act 2004 (c. 19) (which insert paragraph 7A of

Schedule 3 and make consequential provision), and

(b)
in section 9(3)(a) and (b) of that Act, the words “other than

paragraph 7A.”

(3)
An order under subsection (1)—

(a)
may include transitional provision,

(b)
shall be made by statutory instrument, and

(c)
shall be subject to annulment in pursuance of a resolution of either

House of Parliament.”
After Clause 45
20
Insert the following new Clause—

5

“Removal: persons with statutorily extended leave

(1)
Where a person’s leave to enter or remain in the United Kingdom is

extended by section 3C(2)(b) or 3D(2)(a) of the Immigration Act 1971 (c. 77)

(extension pending appeal), the Secretary of State may decide that the

person is to be removed from the United Kingdom, in accordance with

directions to be given by an immigration officer if and when the leave ends.

(2)
Directions under this section may impose any requirements of a kind

prescribed for the purpose of section 10 of the Immigration and Asylum

Act 1999 (c. 33) (removal of persons unlawfully in United Kingdom).

(3)
In relation to directions under this section, paragraphs 10, 11, 16 to 18, 21

and 22 to 24 of Schedule 2 to the Immigration Act 1971 (administrative

provisions as to control of entry) apply as they apply in relation to

directions under paragraph 8 of that Schedule.

(4)
The costs of complying with a direction given under this section (so far as

reasonably incurred) must be met by the Secretary of State.

(5)
A person shall not be liable to removal from the United Kingdom under

this section at a time when section 7(1)(b) of the Immigration Act 1971

(Commonwealth and Irish citizens ordinarily resident in United Kingdom)

would prevent a decision to deport him.

(6)
In section 82(2) of the Nationality, Immigration and Asylum Act 2002 (c. 41)

(right of appeal: general) after paragraph (h) insert—

“(ha)
a decision that a person is to be removed from the United

Kingdom by way of directions under section (Removal:

persons with statutorily extended leave) of the Immigration,

Asylum and Nationality Act 2006 (removal: persons with

statutorily extended leave),”.

(7)
In section 92(2) of that Act (appeal from within United Kingdom) after “(f)”

insert “, (ha)”.

(8)
In section 94(1A) of that Act (appeal from within United Kingdom:

unfounded claim) for “or (e)” substitute “(e) or (ha)”.”
Clause 48
21
Page 27, line 4, leave out paragraphs (a) and (b) and insert—

“(a)
may require the use of a specified form,

(b)
may require the submission of specified information or documents,

and

(c)
may direct the manner in which a fee is to be paid;


and the rules referred to in subsection (1) may provide for the

consequences of failure to comply with a requirement under paragraph (a),

(b) or (c).”
Clause 52
22
Page 29, line 10, leave out subsections (2) to (4) and insert—

“(2)
In this section—

“the Refugee Convention” means the Convention relating to the

Status of Refugees done at Geneva on 28th July 1951, and

6

“terrorism” has the meaning given by section 1 of the Terrorism Act

2000 (c. 11).”
After Clause 52
23
Insert the following new Clause—

“Refugee Convention: certification

(1)
This section applies to an asylum appeal where the Secretary of State issues

a certificate that the appellant is not entitled to the protection of Article

33(1) of the Refugee Convention because—

(a)
Article 1(F) applies to him (whether or not he would otherwise be

entitled to protection), or

(b)
Article 33(2) applies to him on grounds of national security

(whether or not he would otherwise be entitled to protection).

(2)
In this section—

(a)
“asylum appeal” means an appeal—

(i)
which is brought under section 82, 83 or 101 of the

Nationality, Immigration and Asylum Act 2002 (c. 41) or

section 2 of the Special Immigration Appeals Commission

Act 1997 (c. 68), and

(ii)
in which the appellant claims that to remove him from or

require him to leave the United Kingdom would be contrary

to the United Kingdom’s obligations under the Refugee

Convention, and

(b)
“the Refugee Convention” means the Convention relating to the

Status of Refugees done at Geneva on 28th July 1951.

(3)
The Asylum and Immigration Tribunal or the Special Immigration Appeals

Commission must begin substantive deliberations on the asylum appeal by

considering the statements in the Secretary of State’s certificate.

(4)
If the Tribunal or Commission agrees with those statements it must dismiss

such part of the asylum appeal as amounts to an asylum claim (before

considering any other aspect of the case).

(5)
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 (3) above.

(6)
Section 33 of the Anti-terrorism, Crime and Security Act 2001 (c. 24)

(certificate of non-application of Refugee Convention) shall cease to have

effect.”
Clause 55
24
Page 30, line 23, after “registration” insert “of an adult or young person”
25
Page 30, line 25, after “the” insert “adult or young”
26
Page 30, line 27, leave out “, (2)”
27
Page 30, line 27, leave out “4B,”
28
Page 30, line 30, leave out “, (2)”