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Session 1998-99 Publications on the internet Other Bills before Parliament Amendments to the Immigration and Asylum Bill |
Immigration and Asylum Bill - Amendments to be debated in the House of Lords Here you can browse the Amendments to the Immigration and Asylum Bill to be moved on Report in the House of Lords. |
Clause 9 | ||||||
BY THE LORD BASSAM OF BRIGHTON | ||||||
Page 6, leave out lines 3 and 4 and insert ("In determining whether a person in relation to whom a certificate has been issued under subsection (2) may be removed from the United Kingdom, a member State is to be regarded as") | ||||||
Clause 16 | ||||||
BY THE LORD BASSAM OF BRIGHTON | ||||||
Page 11, line 15, at end insert--
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Clause 45 | ||||||
BY THE EARL OF SANDWICH | ||||||
Page 34, line 16, at end insert ("and also to notify those persons in writing, making specific reference to the person who is the subject of the hearing, of the reasons for detaining that person, including reference to any information on--
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Schedule 2 | ||||||
BY THE LORD BASSAM OF BRIGHTON | ||||||
Page 112, line 13, at end insert ("or
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Page 113, leave out lines 3 to 7 and insert-- ("( ) A direction under sub-paragraph (3) may--
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Schedule 3 | ||||||
BY THE LORD BASSAM OF BRIGHTON | ||||||
Page 113, line 33, at end insert ("; or
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Clause 52 | ||||||
BY THE LORD BASSAM OF BRIGHTON | ||||||
Page 36, line 33, leave out ("under paragraph 22 or 23 of Schedule 4") | ||||||
Schedule 4 | ||||||
BY THE LORD BASSAM OF BRIGHTON | ||||||
Page 115, line 5, leave out from ("If") to ("it"), in line 7, and insert ("a notice given under regulations made under paragraph 1 is sent by first class post, addressed to the person to whom the notice is required to be given,") | ||||||
Page 115, line 8, at end insert ("unless the contrary is proved") | ||||||
Page 115, line 31, after ("which") insert--
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Page 115, line 39, at end insert ("at any hearing of his appeal") | ||||||
Page 117, line 19, leave out ("section 3(5) of that Act") and insert ("section 5(1) of the 1971 Act as a result of his liability to deportation") | ||||||
Page 117, line 39, leave out from ("under") to ("for") and insert ("--
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Clause 54 | ||||||
BY THE LORD BASSAM OF BRIGHTON | ||||||
Page 37, line 32, leave out from ("entitlement") to end of line 33 | ||||||
Page 37, line 39, leave out from beginning to ("against") and insert ("Section 53 does not entitle a person to appeal") | ||||||
Clause 59 | ||||||
BY THE LORD BASSAM OF BRIGHTON | ||||||
Page 40, line 38, at end insert ("unless he has grounds for bringing an appeal against the decision under the Special Immigration Appeals Commission Act 1997") | 1997 c. 68. | |||||
Page 41, line 5, at end insert-- ("( ) No appeal may be brought under this section by any person in respect of a decision if--
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Clause 67 | ||||||
BY THE LORD BASSAM OF BRIGHTON | ||||||
Page 44, line 22, leave out ("this Part") and insert ("the Special Immigration Appeals Commission Act 1997 or this Act") | ||||||
Page 44, line 32, leave out ("the sole") and insert ("one") | ||||||
Page 44, line 34, at end insert ("; and
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Page 45, line 5, leave out from ("that") to the end of line 7 and insert ("in his opinion--
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Page 45, line 8, leave out ("this Part") and insert ("the Special Immigration Appeals Commission Act 1997 or this Act") | ||||||
Clause 70 | ||||||
BY THE LORD BASSAM OF BRIGHTON | ||||||
Page 47, line 15, leave out ("the claim for asylum was made solely for the purpose of delaying") and insert ("--
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Page 47, line 17, at end insert ("; and
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Clause 71 | ||||||
BY THE LORD BASSAM OF BRIGHTON | ||||||
Page 47, line 20, at end insert--
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Page 47, leave out lines 21 and 22 and insert-- ("(2) Subject to section 66(2), the appellant is to be treated as also appealing on any additional grounds") | ||||||
Page 47, line 23, leave out ("the appellant") and insert ("he") | ||||||
Page 47, line 25, leave out ("Part") and insert ("Act") | ||||||
Page 47, line 28, leave out subsection (3) and insert-- ("( ) In considering--
( ) In considering any other ground, the appellate authority may take into account only evidence--
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Page 47, line 32, leave out subsection (4) | ||||||
Page 47, line 37, at end insert-- ("( ) Appellate authority" means an adjudicator, the Tribunal or the Special Immigration Appeals Commission.") | ||||||
Clause 72 | ||||||
BY THE LORD BASSAM OF BRIGHTON | ||||||
Leave out Clause 72 | ||||||
Clause 73 | ||||||
BY THE LORD BASSAM OF BRIGHTON | ||||||
Page 48, line 14, leave out subsection (1) and insert-- ("(1) Subsection (2) applies if--
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Clause 75 | ||||||
BY THE LORD BASSAM OF BRIGHTON | ||||||
Page 49, line 13, leave out from ("any") to ("entitlement") in line 14 and insert ("immigration decision in relation to--
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Page 49, line 16, leave out ("and") and insert ("or") | ||||||
Page 49, line 41, at end insert-- ("( ) United Kingdom national" means a person who falls to be treated as a national of the United Kingdom for the purposes of the Community Treaties.") | ||||||
Page 50, line 9, leave out ("in relation to an EEA national") and insert ("for the purposes of this section") | ||||||
Page 50, line 10, leave out ("his") and insert ("a person's") | ||||||
Clause 89 | ||||||
BY THE LORD BASSAM OF BRIGHTON | ||||||
Page 59, line 18, after ("asylum-seeker") insert ("or a supported person") | ||||||
Page 59, line 20, leave out ("the asylum-seeker's") and insert ("his") | ||||||
Page 59, line 21, leave out ("the asylum-seeker") and insert ("his") | ||||||
Page 60, line 5, leave out ("Part IV") and insert ("the Immigration Acts or the Special Immigration Appeals Commission Act 1997") | ||||||
Clause 93 | ||||||
BY THE EARL OF SANDWICH | ||||||
Page 63, line 14, at end insert-- ("( ) For the purposes of subsection (3) above, the work of charities, churches, faith groups or religious organisations shall not be regarded as support and assets which are or might reasonably be expected to be available to the person concerned or his dependants.") | ||||||
Clause 111 | ||||||
BY THE LORD SWINFEN [In substitution for the amendments printed on sheet HL Bill 91 (Rev)(a)] | ||||||
Page 71, line 27, at end insert-- ("( ) Subsections (1)(a), (b), (d) and (g) above do not apply to a person seeking asylum in the United Kingdom or a spouse or dependant of such a person.") | ||||||
Schedule 13 | ||||||
BY THE LORD BASSAM OF BRIGHTON | ||||||
Page 144, line 30, after ("determined") insert ("--
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Page 145, line 18, after ("Act") insert ("and Part IV of the Immigration and Asylum Act 1999") | ||||||
Page 146, line 28, after ("53,") insert (" 59,") | ||||||
Page 150, line 28, leave out (", under paragraph 23 of Schedule 4 to that Act") | ||||||
Page 152, line 3, at end insert-- (" . After section 7, insert-- | ||||||
Pending appeals. |
7A.--(1) For the purposes of this Act, an appeal to the Commission is to be treated as pending during the period beginning when notice of appeal is given and ending when the appeal is finally determined, withdrawn or abandoned. (2) An appeal is not to be treated as finally determined while a further appeal may be brought. (3) If a further appeal is brought, the original appeal is not to be treated as finally determined until the further appeal is determined, withdrawn or abandoned. (4) A pending appeal to the Commission is to be treated as abandoned if the appellant leaves the United Kingdom. (5) A pending appeal to the Commission is to be treated as abandoned if the appellant is granted leave to enter or remain in the United Kingdom. (6) But subsection (5) does not apply to an appeal brought under section 2(1) as a result of section 64(4) of the Immigration and Asylum Act 1999. (7) A pending appeal brought under section 2(1) as a result of section 56(3) of that Act is to be treated as abandoned if a deportation order is made against the appellant."") | |||||
Schedule 14 | ||||||
BY THE LORD BASSAM OF BRIGHTON | ||||||
Page 153, line 29, at end insert-- | ||||||
("Adjudicators and the Tribunal | ||||||
.--(1) Each existing member of the Tribunal is to continue as a member of the Tribunal as if he had been duly appointed by the Lord Chancellor under Schedule 2. (2) Each existing adjudicator is to continue as an adjudicator as if he had been duly appointed by the Lord Chancellor under Schedule 3. (3) The terms and conditions for a person to whom sub-paragraph (1) or (2) applies remain those on which he held office immediately before the appropriate date. | ||||||
(4) The provisions of Schedule 7 to the Judicial Pensions and Retirement Act 1993 (transitional provisions for retirement dates), so far as applicable in relation to an existing member or adjudicator immediately before the appropriate date, continue to have effect. (5) The repeal by this Act of Schedule 5 to the 1971 Act (provisions with respect to adjudicators and the Tribunal) does not affect any entitlement which an existing member or adjudicator had immediately before the appropriate date as a result of a determination made under paragraph 3(1)(b) or 9(1)(b) of that Schedule. (6) The appropriate date" means--
(8) Existing adjudicator" means a person who is an adjudicator immediately before the appropriate date.") | 1993. c. 8. | |||||
Schedule 15 | ||||||
BY THE LORD BASSAM OF BRIGHTON | ||||||
Page 156, line 6, at end insert-- | ||||||
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© Parliamentary copyright 1999 | Prepared 13 October 1999 |