Immigration and Asylum Bill

Immigration and Asylum Bill - continued	House of Lords
PART I, IMMIGRATION: GENERAL - continued

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	Removal from the United Kingdom
Treatment of certain overstayers.	7. - (1) The Secretary of State must prescribe a period ("the regularisation period") during which overstayers may apply, in the prescribed manner, for leave to remain in the United Kingdom.
	(2) The regularisation period-
	(a) is to be not less than three months; and
	(b) ends on the prescribed day.
	(3) Section 8 and paragraph 5 of Schedule 14 come into force on the day after the prescribed day.
	(4) The Secretary of State must publicise the effect of this section in the way appearing to him to be best calculated to bring it to the attention of those affected.
	(5) "Overstayer" means a person who, having only limited leave to enter or remain in the United Kingdom, remains beyond the time limited by the leave.
Removal of certain persons unlawfully in the United Kingdom.	8. - (1) A person who is not a British citizen may be removed from the United Kingdom, in accordance with directions given by an immigration officer, if-
	(a) having only a limited leave to enter or remain, he does not observe a condition attached to the leave or remains beyond the time limited by the leave;
	(b) he has obtained leave to remain by deception; or
	(c) directions ("the first directions") have been given for the removal, under this section, of a person ("the other person") to whose family he belongs.
	(2) Directions may not be given under subsection (1)(a) if the person concerned has made an application for leave to remain in accordance with regulations made under section 7 which has not been determined.
	(3) Directions may not be given under subsection (1)(c) unless the Secretary of State has given the person concerned written notice, not more than eight weeks after the other person left the United Kingdom in accordance with the first directions, that he intends to remove the person concerned from the United Kingdom.
	(4) If such a notice is sent by the Secretary of State by first class post, addressed to the person concerned's last known address, it is to be taken to have been received by that person on the second day after the day on which it was posted.
	(5) Directions for the removal of a person under subsection (1)(c) cease to have effect if he ceases to belong to the family of the other person.
	(6) Directions given under this section may impose any requirements of a prescribed kind.
	(7) In relation to any such directions, paragraphs 10, 11, 16 to 18, 21 and 22 to 24 of Schedule 2 to the 1971 Act (administrative provisions as to control of entry), apply as they apply in relation to directions given under paragraph 8 of that Schedule.
	(8) Directions for the removal of a person given under this section invalidate any leave to enter or remain in the United Kingdom given to him before the directions are given or while they are in force.
Removal of asylum claimants under standing arrangements with member States.	9. - (1) A member State is to be regarded for the purposes of subsection (2) as-
	(a) a place where a person's life and liberty is not threatened by reason of his race, religion, nationality, membership of a particular social group, or political opinion; and
	(b) a place from which a person will not be sent to another country otherwise than in accordance with the Refugee Convention.
	(2) Nothing in section 6 of the Asylum and Immigration Appeals Act 1993 (protection of claimants from deportation etc.) prevents a person who has made a claim for asylum ("the claimant") from being removed from the United Kingdom to a member State if-
	(a) the Secretary of State has certified that-
	(i) the member State has accepted that, under standing arrangements, it is the responsible State in relation to the claimant's claim for asylum; and
	(ii) in his opinion, the claimant is not a national or citizen of the member State to which he is to be sent;
	(b) the certificate has not been set aside on an appeal under section 55; and
	(c) the time for giving notice of such an appeal has expired and no appeal is pending.
	(3) For the purposes of subsection (2)(c), an appeal is not to be regarded as pending if the Secretary of State has issued a certificate under section 62(2)(a) in relation to the allegation on which it is founded.
	(4) "Standing arrangements" means arrangements in force as between member States for determining which state is responsible for considering applications for asylum.
Removal of asylum claimants in other circumstances.	10. - (1) Subsection (2) applies if the Secretary of State intends to remove a person who has made a claim for asylum ("the claimant") from the United Kingdom to-
	(a) a member State, or a territory which forms part of a member State, otherwise than under standing arrangements; or
	(b) a country other than a member State which is designated by order made by the Secretary of State for the purposes of this section.
	(2) Nothing in section 6 of the Immigration and Asylum Appeals Act 1993 (protection of claimants from deportation etc.) prevents the claimant's removal if-
	(a) the Secretary of State has certified that, in his opinion, the conditions set out in subsection (6) are fulfilled;
	(b) the certificate has not been set aside on an appeal under section 55; and
	(c) the time for giving notice of such an appeal has expired and no such appeal is pending.
	(3) Subsection (4) applies if the Secretary of State intends to remove a person who has made a claim for asylum ("the claimant") from the United Kingdom to a country which is not-
	(a) a member State; or
	(b) a country designated under subsection (1)(b).
	(4) Nothing in section 6 of the Immigration and Asylum Appeals Act 1993 (protection of claimants from deportation etc.) prevents the claimant's removal if-
	(a) the Secretary of State has certified that, in his opinion, the conditions set out in subsection (6) are fulfilled;
	(b) the certificate has not been set aside on an appeal under section 55 or 61; and
	(c) the time for giving notice of such an appeal has expired and no such appeal is pending.
	(5) For the purposes of subsections (2)(c) and (4)(c), an appeal under section 55 is not to be regarded as pending if the Secretary of State has issued a certificate under section 62(2)(a) in relation to the allegation on which it is founded.
	(6) The conditions are that-
	(a) he is not a national or citizen of the country to which he is to be sent;
	(b) his life and liberty would not be threatened there by reason of his race, religion, nationality, membership of a particular social group, or political opinion; and
	(c) the government of that country would not send him to another country otherwise than in accordance with the Refugee Convention.
	(7) "Standing arrangements" has the same meaning as in section 9.
Proof of identity of persons to be removed or deported.	11. - (1) This section applies if a person-
	(a) is to be removed from the United Kingdom to a country of which he is a national or citizen; but
	(b) does not have a valid passport or other document establishing his identity and nationality or citizenship and permitting him to travel.
	(2) If the country to which the person is to be removed indicates that the person will not be admitted to it unless identification data relating to him are provided by the Secretary of State, he may provide them with such data.
	(3) In providing identification data, the Secretary of State must not disclose whether the person concerned has made a claim for asylum.
	(4) For the purposes of paragraph 4(1) of Schedule 4 to the Data Protection Act 1998, the provision under this section of identification data is a transfer of personal data which is necessary for reasons of substantial public interest.
	(5) "Identification data" means-
	(a) fingerprints taken under section 132; or
	(b) data collected in accordance with regulations made under section 135.
	(6) "Removed" means removed as a result of directions given under section 8 or under Schedule 2 or 3 to the 1971 Act.

Prepared 18 June 1999