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| | | “(c) | any person who was an asylum-seeker, or dependent of an asylum- |
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| | | seeker, whose application for leave to remain was declined but who |
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| | | remains in the United Kingdom.”. |
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| | | (4) | Section 97(1)(a) is hereby repealed.’. |
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| | Page 3, line 6 [Clause 4], leave out ‘an airport and a hoverport’ and insert ‘any |
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| | place of departure from, or embarkation onto, any means of international transportation’. |
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| | Page 3, line 9 [Clause 4], leave out ‘a ship or aircraft’ and insert ‘any means of |
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| | international transportation’. |
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| | Page 3, line 10 [Clause 4], leave out ‘a ship or aircraft’ and insert ‘any means of |
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| | international transportation’. |
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| | Page 3, line 14 [Clause 5], after ‘person’ insert ‘aged 16 or over’. |
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| | Page 4, line 25 [Clause 5], at end insert— |
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| | | ‘(3A) | Regulations under subsection (1)(a) must not require an individual to carry a |
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| | | biometric document at all times.’. |
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| | Page 4, line 29 [Clause 5], at end insert— |
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| | | ‘(4A) | Regulations under subsection (1)(b) may not make provision the effect of which |
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| | | would be to require a person to carry a biometric immigration document at all |
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| | Page 5, line 20 [Clause 7], after ‘may’, insert ‘, in so far as is compatible with |
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| | duties arising under the European Convention on Human Rights, Conventions relating to |
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| | the status of refugees and Community Treaties’. |
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| | Page 8, line 22 [Clause 13], at end insert ‘but shall be published at least six months |
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| | before the commencement of the provisions’. |
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| | Page 9, line 24 [Clause 16], leave out from ‘State’ to end of line 25 and insert |
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| | ‘where there is evidence that establishes on a serious basis that he is likely to abscond and |
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| | that such a condition is necessary in the interests of public order, public safety, national |
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| | security or for the prevention of crime; and |
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| | | (v) | a condition requiring him to reside at a specified address |
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| | | wherever there is evidence that establishes on a serious basis that |
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| | | he is likely to abscond and that such a condition is necessary in |
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| | | the interests of public order, public safety, national security or |
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| | | for the prevention of crime.”’. |
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| | Page 9, line 25 [Clause 16], at end insert— |
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| | | ‘(3A) | Conditions under subsection (1)(c)(iv) and (v) above shall be applied only in so |
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| | | far as they are compatible with the European Convention on Human Rights and |
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| | | the obligations of the United Kingdom under the International Covenant on Civil |
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| | | and Political Rights 1966.”’. |
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| | Page 9, line 41 [Clause 17], at end insert— |
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| | | ‘(c) | A-S is under the age of 18.’. |
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| | Page 10, line 13 [Clause 17], at end insert— |
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| | | ‘(7) | Where his application for asylum has been rejected, A-S shall be given support |
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| | | under the provisions of section 4 of the Immigration and Asylum Act 1999 (c. 33) |
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| | | for a period of two weeks from the date on which the application was rejected. |
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| | | (8) | After the period of two weeks specified under subsection (7) has lapsed, A-S shall |
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| | | continue to be granted support under section 4 of the Immigration and Asylum |
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| | | |
| | | (a) | A-S has completed a formal application for support, and |
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| | | (b) | a decision about the eligibility of A-S to receive such support has not yet |
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| | Page 11, line 27 [Clause 19], at end insert— |
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| | | ‘(6) | Rules under subsection (5) may not be made unless a draft has been laid before |
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| | | and approved by a resolution of each House of Parliament.”’. |
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| | Page 15, line 37 [Clause 30], at end insert— |
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| | | ‘(5) | In section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act |
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| | | 2004 (c. 19) after subsection (5) add— |
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| | | “(6) | If there are reasonable grounds to believe that a person has been the |
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| | | victim of trafficking in human beings, that person shall not be removed |
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| | | from the UK until the process of identifying the person as a victim of an |
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| | | offence has been completed. |
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| | | (7) | If an unaccompanied child is identified as a victim of trafficking, the |
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| | | Secretary of State shall— |
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| | | (a) | provide for representation of the child by a legal guardian, |
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| | | organisation or authority which shall act in the best interests of |
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| | | (b) | take the necessary steps to establish the identity and nationality |
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| | | (c) | make every effort to locate the family of the child when the |
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| | | Secretary of State determines that this is in the best interests of |
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| | | (8) | If an individual has been identified as a victim of trafficking the Secretary |
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| | | of State shall allow a recovery and reflection period of not less than 30 |
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| | | |
| | | (9) | During the reflection period established under subsection (8) it shall not |
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| | | be possible to enforce any expulsion order against that person and the |
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| | | Secretary of State shall authorise the persons concerned to stay in the |
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| | Page 16, line 6 [Clause 31], leave out from ‘whom’ to end of line and insert ‘the |
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| | condition under subsection (2) applies.’. |
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| | |
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| | Page 16 [Clause 31], leave out lines 7 to 13 and insert— |
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| | | ‘(2) | The Condition is that, in the opinion of the sentencing judge, there is no public |
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| | | interest or other lawful reason why the person should remain in the United |
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| | Page 16, line 7 [Clause 31], leave out ‘of at least 12 months’. |
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| | Page 16, line 12 [Clause 31], after ‘criminal)’, insert ‘or is an immigration offence |
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| | under the Immigration Acts’. |
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| | Page 16, line 37 [Clause 32], leave out ‘conviction’ and insert ‘the offence’. |
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| | Page 17, line 32 [Clause 33], leave out from ‘requires’ to end of line 33 and insert |
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| | ‘the Secretary of State to— |
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| | | (a) | make a deportation order no less than one month before the end of the |
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| | | individual’s sentence, and |
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| | | (b) | ensure the deportation of an individual against whom a deportation order |
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| | | has been made occurs not more than six months after the making of the |
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| | Page 19, line 21 [Clause 37], leave out subsection (1). |
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| | Page 19, line 23 [Clause 37], leave out paragraphs (a) and (b). |
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| | Page 19, line 24 [Clause 37], leave out ‘(whether or not’ and insert ‘(unless’. |
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| | Page 19, line 24 [Clause 37], at end insert ‘or any part of it (of whatever length)’. |
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| | Page 19, line 40 [Clause 37], leave out ‘(whether or not’ and insert ‘(unless’. |
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| | Page 19, line 40 [Clause 37], at end insert ‘or any part of it’. |
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| | Page 20, line 18 [Clause 38], leave out ‘“(whether or not’ and insert ‘“unless’. |
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| | Page 20, line 19 [Clause 38], after ‘sentence’, insert ‘or any part of it’. |
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| | Page 23, line 40 [Clause 43], leave out second ‘or’. |
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| | Page 23, line 41 [Clause 43], at end insert ‘, or |
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| | | (iii) | premises on which the individual was, immediately before being |
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| | Page 24, line 19 [Clause 43], leave out subsection (6). |
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| | Page 24, line 28 [Clause 44], after ‘43’, insert ‘or [Search for evidence of |
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| | nationality: other premises]’. |
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| | Page 25, line 35 [Clause 45], leave out from ‘Inspector’ to end of line 38 and insert |
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| | ‘may investigate individual cases of his own choosing.’. |
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| | Page 26, line 17 [Clause 47], at end insert— |
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| | | ‘(ab) | at other times, on each investigation carried out under the provisions of |
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| | | section 45(4), and within 28 days of the conclusion of such an |
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| | Page 28, line 37 [Clause 56], at end insert— |
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| | | ‘(1A) | Section 30 shall come into force one month after this Act is passed.’. |
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| | Page 29, line 19 [Clause 56], at end insert ‘or whose sentences are suspended at the |
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| | To move the following Schedule:— |
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| | | ‘Constitution of the Commission, proceedings, money etc. |
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| | | 1 (1) | The Secretary of State shall appoint not less than 10 or more than 15 |
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| | | individuals as members of the Commission (to be known as Commissioners). |
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| | | (2) | The chief executive of the Commission (appointed under paragraph 7) shall be |
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| | | a Commissioner ex officio. |
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| | | 2 (1) | In appointing Commissioners the Secretary of State shall— |
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| | | (a) | appoint an individual only if he thinks that the individual— |
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| | | (i) | has experience or knowledge relating to a relevant matter, or |
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| | | (ii) | is suitable for appointment for some other special reason, and |
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| | | (b) | have regard to the desirability of the Commissioners together having |
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| | | experience and knowledge relating to the relevant matters. |
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| | | (2) | For the purposes of sub-paragraph (1) the relevant matters are those matters in |
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| | | respect of which the Commission has responsibilities under section |
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| | | (Immigration and Population Commission). |
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| | | |
| | | 3 (1) | A Commissioner shall hold and vacate office in accordance with the terms of |
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| | | his appointment (subject to this Schedule). |
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| | | (2) | The appointment of a Commissioner must be expressed to be for a specified |
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| | | period of not less than two years or more than five years. |
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| | | (3) | A Commissioner whose period of membership has expired may be re- |
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| | | |
| | | (4) | A Commissioner may resign by notice in writing to the Secretary of State. |
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| | | (5) | The Secretary of State may dismiss a Commissioner who is, in the opinion of |
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| | | the Secretary of State, unable, unfit or unwilling to perform his functions. |
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| | | (6) | This paragraph does not apply to the chief executive. |
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| | | |
| | | 4 (1) | The Secretary of State shall appoint— |
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| | | (a) | a Commissioner as Chairman, and |
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| | | (b) | a Commissioner as deputy Chairman |
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| | | |
| | | (a) | preside over meetings of the Commission, |
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| | | (b) | perform such functions as may be specified in the terms of his |
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