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| | given up to and including |
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| | New Amendments handed in are marked thus  |
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| | Borders, Citizenship and Immigration Bill [Lords], As Amended
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| | | Short-term holding facilities |
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| | To move the following Clause:— |
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| | | ‘In section 147 of the Immigration and Asylum Act 1999 (c. 33) (removal centres |
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| | | and detained persons: interpretation), in the definition of “short-term holding |
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| | | (a) | after “used” insert “—(a)”, and |
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5 | | (b) | at the end insert “, or |
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| | | (b) | for the detention of— |
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| | | (i) | detained persons for a period of not more than |
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| | | seven days or for such other period as may be |
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10 | | (ii) | persons other than detained persons for any |
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| | | As Amendments to Secretary Alan Johnson’s proposed New Clause (Short-term |
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| | | holding facilities) (NC2):— |
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| | Line 6, after ‘detention’, insert ‘by an immigration officer, general customs |
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| | official or Customs revenue official’. |
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| | Line 10, leave out ‘for any period’ and insert ‘for not longer than six hours’. |
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| | | Transfer of certain immigration judicial review applications |
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| | | To move the following Clause:— |
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| | | ‘(1) | In section 31A of the Supreme Court Act 1981 (c. 54) (England and Wales: |
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| | | transfer from the High Court to the Upper Tribunal)— |
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| | | (a) | after subsection (2) insert— |
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| | | “(2A) | If Conditions 1, 2, 3 and 5 are met, but Condition 4 is not, the |
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| | | High Court must by order transfer the application to the Upper |
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| | | (b) | after subsection (7) insert— |
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| | | “(8) | Condition 5 is that the application calls into question a decision |
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| | | of the Secretary of State not to treat submissions as an asylum |
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| | | claim or a human rights claim within the meaning of Part 5 of the |
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| | | Nationality, Immigration and Asylum Act 2002 (c. 41) wholly or |
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| | | partly on the basis that they are not significantly different from |
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| | | material that has previously been considered (whether or not it |
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| | | calls into question any other decision).” |
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| | | (2) | In section 25A of the Judicature (Northern Ireland) Act 1978 (c. 23) (Northern |
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| | | Ireland: transfer from the High Court to the Upper Tribunal)— |
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| | | (a) | after subsection (2) insert— |
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| | | “(2A) | If Conditions 1, 2, 3 and 5 are met, but Condition 4 is not, the |
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| | | High Court must by order transfer the application to the Upper |
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| | | (b) | after subsection (7) insert— |
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| | | “(8) | Condition 5 is that the application calls into question a decision |
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| | | of the Secretary of State not to treat submissions as an asylum |
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| | | claim or a human rights claim within the meaning of Part 5 of the |
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| | | Nationality, Immigration and Asylum Act 2002 (c. 41) wholly or |
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| | | partly on the basis that they are not significantly different from |
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| | | material that has previously been considered (whether or not it |
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| | | calls into question any other decision).” |
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| | | (3) | In section 20 of the Tribunals, Courts and Enforcement Act 2007 (c. 15) |
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| | | (Scotland: transfer from the Court of Session to the Upper Tribunal)— |
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| | | (a) | in subsection (1), for the “and” at the end of paragraph (a) substitute— |
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| | | “(aa) | must, if Conditions 1, 2 and 5 are met, but Condition 4 |
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| | | (b) | after subsection (5) insert— |
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| | | “(5A) | Condition 5 is that the application calls into question a decision |
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| | | of the Secretary of State not to treat submissions as an asylum |
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| | | claim or a human rights claim within the meaning of Part 5 of the |
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| | | Nationality, Immigration and Asylum Act 2002 (c. 41) wholly or |
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| | | partly on the basis that they are not significantly different from |
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| | | material that has previously been considered (whether or not it |
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| | | calls into question any other decision).”’. |
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| | | Entitlement to British citizenship by certain citizens of the Republic of Ireland |
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| | To move the following Clause:— |
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| | | ‘(1) | After section 31 of the British Nationality Act 1981 (c.61) insert— |
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| | | “31A | Entitlement to British citizenship by certain citizens of the Republic of |
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| | | (1) | If a person born in the Republic of Ireland on or after 1 January 1949 |
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| | | gives notice in writing to the Secretary of State claiming to remain a |
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| | | British subject on either or both of the following grounds, namely— |
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| | | (a) | that he is or has been in Crown Service under the government of |
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| | | (b) | that he has associations by way of descent, residence or |
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| | | otherwise with the United Kingdom or with any British overseas |
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| | | | he shall as from that time be a British subject by virtue of this subsection. |
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| | | (2) | A person who is a British subject by virtue of subsection (1) shall be |
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| | | deemed to have remained a British subject from the date of his birth to |
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| | | the time when he became a British subject by virtue of that subsection.”.’. |
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| | | Amendment of the immigration rules relating to gurkhas |
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| | To move the following Clause:— |
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| | | ‘(1) | The Immigration Rules, as laid before Parliament under section 3(2) of the |
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| | | Immigration Act 1971 (c. 77), are amended as follows. |
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| | | (2) | In Rule 276F (requirements for indefinite leave to enter the United Kingdom as a |
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| | | Gurkha discharged from the British Army) omit paragraphs (ii) and (iii). |
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| | | (3) | In Rule 276I (requirements for indefinite leave to remain in the United Kingdom |
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| | | as a Gurkha discharged from the British Army) omit paragraphs (ii) and (iii). |
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| | | (4) | Gurkhas discharged from the British Army prior to 1997 shall have parity with |
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| | | Commonwealth servicemen in terms of the requirements for indefinite leave to |
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| | | enter and remain in the United Kingdom.’. |
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| | | Financial support for asylum seekers |
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| | To move the following Clause:— |
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| | | ‘(1) | The Immigration and Asylum Act 1999 (c. 33) is amended as follows. |
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| | | (2) | In section 4(11)(b) omit “not”.’. |
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| | | Consequences of failure to fulfil requirements for naturalisation |
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| | | To move the following Clause:— |
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| | | ‘Failure to satisfy the requirements set out in Schedule 1 to the British Nationality |
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| | | Act 1981 (c. 61) shall not exclude the possibility of the grant of a further period |
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| | | of probationary citizenship, or other immigration leave.’. |
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| | | Right of appeal to court of appeal |
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| | | To move the following Clause:— |
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| | | ‘Section 13(6) of the Tribunals, Courts and Enforcement Act 2007 (c. 15) (right |
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| | | of appeal to court of appeal etc.) does not apply in relation to immigration and |
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| | | nationality appeals from the Upper Tribunal.’. |
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| | | Exemptions to the application of Part 2 |
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| | | To move the following Clause:— |
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| | | ‘Nothing in this Part shall affect an appliaton for indefinite leave to remain in the |
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| | | United Kingdom or for British citizenship if it— |
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| | | (a) | has been submitted at any time in the 12 months after the commencement |
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| | | (b) | is made prior to the commencement of this Part.’. |
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| | Page 3, line 35 [Clause 3], leave out paragraphs (a) and (b) and insert— |
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| | | ‘(a) | any officer transferred to the UK Border Agency from HM Revenue and |
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| | | (b) | any UK Border Agency employee recruited for that specific purpose,’. |
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| | Page 3, line 36 [Clause 3], at end insert— |
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| | Page 3, line 43 [Clause 3], leave out subsection (3). |
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| | Page 8, line 4 [Clause 11], leave out paragraph (a) and insert— |
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| | | ‘(a) | any officer transferred to the UK Border Agency from HM Revenue and |
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| | Page 9, line 10 [Clause 12], leave out ‘or for a specified period,’. |
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| | Page 9, line 11 [Clause 12], leave out from ‘withdrawn’ to end of line 12. |
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| | Page 15, line 39 [Clause 21], at end insert— |
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| | | ‘(3A) | The Secretary of State shall lay an annual report before Parliament on the data- |
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| | | sharing activities under this section.’. |
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| | Page 19, line 23, leave out Clause 25. |
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| | Page 19, line 29 [Clause 25], at end insert— |
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| | | ‘(1A) | The designation of short-term holding facilities must be renewed every six |
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| | Page 22, line 27 [Clause 28], at end insert— |
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| | | ‘(10A) | The Chief Inspector of the UK Border Agency may delegate his responsibility to |
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| | | inspect facilities to Her Majesty’s Inspectors of Constabulary.’. |
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| | Page 24, line 9 [Clause 30], at end insert— |
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| | | ‘(2B) | Regulations made under subsection (1) or (2A) may make provision conferring |
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| | | functions on the Independent Police Complaints Commission in respect of the |
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| | | exercise of immigration and customs functions and the provision of services |
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| | | pursuant to arrangements relating to the discharge of those functions whether in |
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| | Page 30, line 5 [Clause 39], after ‘period’, insert ‘, save that periods during which |
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| | A was in the United Kingdom with leave other than that conferring qualifying |
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| | immigration status shall be disregarded for the purpose of considering whether A had |
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| | qualifying immigration status for the whole period’. |
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| | Page 30, line 6 [Clause 39], after first ‘the’, insert ‘average’. |
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| | Page 30, line 13 [Clause 39], leave out from ‘abode’ to end of line 14 and insert ‘, |
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| | or a permanent EEA entitlement or refugee status or humanitarian protection;’. |
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| | | Page 31, line 11 [Clause 39], at end insert— |
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| | | ‘(10A) | After sub-paragraph (5) (inserted by subsection (10) above) insert— |
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| | | (6) | The Secretary of State shall exercise his discretion under sub-paragraph (ba) |
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| | | above in favour of individuals recognised as having a refugee status in the UK, so |
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| | | as to treat time spent awaiting the outcome of their asylum claim as time spent |
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| | | with a qualifying immigration status, unless there are exceptional reasons why he |
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