Immigration and Asylum Bill - Amendments to be debated in the House of Lords - continued |
House of Lords |
back to previous amendments |
Clause 59 | |||
BY THE LORD DHOLAKIA | |||
113 | Page 38, line 32, at end insert ("implementation of which should include recognition of rape as persecution and therefore grounds as asylum") | ||
After Clause 59 | |||
BY THE LORD COPE OF BERKELEY THE LORD ALTON OF LIVERPOOL THE LORD HYLTON THE BARONESS WILLIAMS OF CROSBY | |||
114 | Insert the following new Clause-- | ||
(" . A person who appeals under section 59 and who is under the age of 18 shall not be detained for any period while the outcome of his appeal remains undetermined.") | Non-detention: persons under 18 years. | ||
BY THE LORD COPE OF BERKELEY THE LORD ALTON OF LIVERPOOL THE EARL RUSSELL | |||
115 | Insert the following new Clause-- | ||
(" .--(1) Where the claim of a person who appeals under section 59(1) to be under the age of 18 is disputed--
(3) Where, for any reason, a person under the age of 18 is detained, section 25 of the Children Act 1989 shall apply.") | Non-detention of persons under 18: dispute of claimed age. | ||
After Clause 61 | |||
BY THE COUNTESS OF MAR THE LORD ALTON OF LIVERPOOL THE EARL RUSSELL | |||
116 | Insert the following new Clause-- | ||
("Additional provisions for asylum determination | |||
. The Secretary of State shall adopt the Refugee Women's Legal Group's "Gender Guidelines for the Determination of Asylum Claims in the UK".") | Provisions for asylum determination. | ||
Clause 63 | |||
BY THE BARONESS WILLIAMS OF CROSBY | |||
117 | Page 41, line 20, leave out ("On the issuing of a certificate by the Secretary of State") and insert ("If the Adjudicator agrees with the opinion of the Secretary of State as expressed in a certificate issued") | ||
118 |
Page 41, line 34, at end insert-- ("(11) Nothing in this section shall apply to an appellant who was not legally represented at the time of his original appeal.") | ||
Clause 64 | |||
BY THE LORD WILLIAMS OF MOSTYN | |||
118ZA* |
Page 42, line 2, at end insert-- ("( ) This section also applies if--
| ||
BY THE LORD DHOLAKIA | |||
118A |
Page 42, line 2, at end insert-- ("( ) This section also applies if directions are given for a person's removal from the United Kingdom under section 8 and he appeals to an adjudicator under section 56(2)(b), provided that he has not already exercised any right of appeal which he may have had under this or any other section in Part IV.") | ||
BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR THE LORD WILLIAMS OF MOSTYN | |||
119 | Page 42, line 3, leave out subsection (3) | ||
BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR | |||
120 |
Page 42, line 8, at end insert-- ("(4A) A notice under subsection (4) shall state that the applicant is advised to seek legal advice immediately after receipt of the notice.") | ||
BY THE BARONESS WILLIAMS OF CROSBY | |||
120YA | Page 42, line 14, at end insert ("and, where the applicant is a child, such period shall take account of any relevant circumstances applicable to the serving of the notice") | ||
BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR | |||
120ZA | Page 42, line 14, at end insert ("except that where the applicant is a child, the time for serving of the notice shall take account of any relevant personal circumstances") | ||
BY THE LORD DHOLAKIA | |||
120A |
Page 42, line 19, at end insert ("; and (c) if he claims that the decision to remove him under section 8 was not in accordance with the immigration rules or otherwise in accordance with the law, include notice of the immigration rule applicable and any other ground relied upon") | ||
BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR THE LORD WILLIAMS OF MOSTYN | |||
121 | Page 42, line 26, leave out subsection (10) | ||
After Clause 64 | |||
BY THE LORD WILLIAMS OF MOSTYN | |||
121A* | Insert the following new Clause-- | ||
(" .--(1) This section applies if a person who--
(2) The person responsible for the determination of the claim must serve on the claimant and on any relevant member of his family a notice requiring the recipient of the notice to state any additional grounds which he has or may have for wishing to enter or remain in the United Kingdom. (3) The statement must be--
(5) Regulations may prescribe the persons who, in relation to a claimant, are relevant members of his family. (6) Regulations may provide that, if a claim is determined against the claimant, prescribed provisions of section 63, 65, 66 or 67 are to apply to an appeal against that determination by a person on whom a notice has been served under subsection (2), with such modifications (if any) as may be prescribed.") | Duty to disclose grounds for entering etc the United Kingdom. | ||
Clause 65 | |||
BY THE BARONESS WILLIAMS OF CROSBY | |||
122 |
Page 42, line 35, at end insert ("; and
| ||
Clause 67 | |||
BY THE LORD WILLIAMS OF MOSTYN | |||
122A* | Page 44, line 5, leave out ("Special Immigration Appeals") | ||
Clause 68 | |||
BY THE LORD WILLIAMS OF MOSTYN | |||
122B* | Page 44, line 10, after ("2(1)") insert ("or 2A") | ||
122C* | Page 44, line 12, leave out ("Special Immigration Appeals") | ||
122D* | Page 44, line 15, after ("64") insert ("or (Duty to disclose grounds for entering etc the United Kingdom)") | ||
122E* | Page 44, line 16, after ("2(1)") insert ("or 2A") | ||
122F* | Page 44, line 19, leave out ("Special Immigration Appeals") | ||
Clause 70 | |||
BY THE LORD WILLIAMS OF MOSTYN | |||
122G* | Page 45, line 6, after ("national") insert (", or a member of the family of an EEA national,") | ||
122H* | Page 45, line 14, at end insert ("or by which it is bound") | ||
122J* |
Page 45, line 25, at end insert-- ("( ) The regulations may--
| ||
122K* | Page 45, line 30, leave out paragraph (b) | ||
122L* |
Page 45, line 32, at end insert-- ("(8A) If a person claims to be an EEA national, he may not appeal under the regulations unless he produces--
(8B) For the purposes of subsection (8A), a document--
| ||
122M* |
Page 45, line 33, leave out subsection (9) and insert-- ("( ) Regulations may--
| ||
122N* | Page 45, line 37, leave out subsection (11) | ||
Clause 71 | |||
BY THE LORD COPE OF BERKELEY THE LORD GLENTORAN | |||
123 |
Page 46, line 2, at end insert-- ("(3) In the exercise of the power granted under subsection (1) the Secretary of State shall ensure that such advice and assistance is available in Northern Ireland.") | ||
Clause 72 | |||
BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR | |||
124 |
Page 46, line 6, at end insert--
| ||
BY THE LORD WILLIAMS OF MOSTYN | |||
124A* | Page 46, line 15, at end insert-- | ||
| 1990 c. 41. | ||
Clause 73 | |||
BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR THE BARONESS WILLIAMS OF CROSBY | |||
125 | Page 47, line 24, leave out ("the Secretary of State after consulting") | ||
BY THE LORD WILLIAMS OF MOSTYN | |||
125A* | Page 47, line 25, at end insert ("and the Scottish Ministers") | ||
BY THE LORD COPE OF BERKELEY THE LORD MACKAY OF DRUMADOON | |||
126 | Page 47, line 25, at end insert ("and the Advocate General for Scotland") | ||
BY THE LORD DHOLAKIA THE BARONESS WILLIAMS OF CROSBY | |||
127 | Page 47, line 27, at end insert ("and, in particular, to ensure that only those who are trained to do so provide such advice or services in respect of children") |
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© Parliamentary copyright 1999 | Prepared 16 July 1999 |