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House of Lords

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-- ("(  )  a person with whom the Secretary of State has made a contract or other arrangements under section 90 or 94 or a sub-contractor of such a person;")
	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--     (i)  the age the person claims to be;     (ii)  any history of torture given by the person;     (iii)  any physical or mental illness from which the person is suffering;     (iv)  any explanation, with express reference to the factors detailed in paragraphs (i) to (iii) above, where applicable, of why detention is being maintained, as soon as is reasonably practicable after detention or after the information has been given, whichever is the sooner.")
	Schedule 2
	BY THE LORD BASSAM OF BRIGHTON
	Page 112, line 13, at end insert ("or (d)  he has such legal and other experience as appears to the Lord Chancellor to make him suited for appointment as a legally qualified member.")
	Page 113, leave out lines 3 to 7 and insert--       ("(  )  A direction under sub-paragraph (3) may-- (a)  be given in relation to a specified case or category of case; (b)  provide for the jurisdiction to be exercised by a single member; (c)  require the member exercising the jurisdiction, or a specified number of the members exercising the jurisdiction, to be legally qualified; (d)  be varied at any time by a further direction given by the President.")
	Schedule 3
	BY THE LORD BASSAM OF BRIGHTON
	Page 113, line 33, at end insert ("; or (d)  he has such legal and other experience as appears to the Lord Chancellor to make him suited for appointment as an adjudicator")
	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--     ("(  )  a decision of an adjudicator may be set aside by an adjudicator; or     (  )")
	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 ("-- (a)  section 8, (b)  Part I of Schedule 2 to the 1971 Act, or (c)  Schedule 3 of that Act,")
	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-- (a)  that decision is already the subject of an appeal brought by him under the Special Immigration Appeals Commission Act 1997; and (b)  the appeal under that Act has not been determined.")
	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 (c)  the appellant had no other legitimate purpose for making the claim")
	Page 45, line 5, leave out from ("that") to the end of line 7 and insert ("in his opinion-- (a)  one purpose of making the application was to delay the removal from the United Kingdom of the appellant or any member of his family; and (b)  the appellant had no other legitimate purpose for making the application.")
	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 ("-- (a)  one purpose of making the claim for asylum was to delay")
	Page 47, line 17, at end insert ("; and (b)  the applicant had no other legitimate purpose for making the application.")
	Clause 71
	BY THE LORD BASSAM OF BRIGHTON
	Page 47, line 20, at end insert-- ("(b)  any other appeal against a decision--     (i)  to refuse an application for leave to enter or remain in the United Kingdom;     (ii)  to vary, or to refuse to vary, any limited leave to enter or remain in the United Kingdom, which has the result mentioned in section 68(2)(a); or     (iii)  to make a deportation order against a person under section 5(1) of the 1971 Act as a result of his liability to deportation under section 3(5) of that Act.")
	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-- (a)  any ground mentioned in section 63, or (b)  any question relating to the appellant's rights under Article 3 of the Human Rights Convention, the appellate authority may take into account any evidence which it considers to be relevant to the appeal (including evidence about matters arising after the date on which the decision appealed against was taken).       (  )  In considering any other ground, the appellate authority may take into account only evidence-- (a)  which was available to the Secretary of State at the time when the decision appealed against was taken; or (b)  which relates to relevant facts as at that date.")
	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-- (a)  a person who has brought an appeal under this Part has been notified of the Secretary of State's decision to make a deportation order against him; and (b)  as a result of section 58(1), he is not entitled to appeal against that decision under section 57.     (1A)  Subsection (2) also applies if-- (a)  a person who has brought an appeal under this Part has been notified of the Secretary of State's decision to refuse to revoke a deportation order made against him; and (b)  as a result of section 58(2), he is not entitled to appeal against that refusal under section 57.")
	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-- (a)  an EEA national; (b)  a member of the family of an EEA national; (c)  a member of the family of a United Kingdom national who is neither such a national nor an EEA national.     (  )  Immigration decision" means a decision concerning a person's removal from the United Kingdom or his")
	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 ("-- (  )  in relation to an appeal to the Special Immigration Appeals Commission, in accordance with section 7A of the Special Immigration Appeals Commission Act 1997; (  )  in any other case,")
	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-- (a)  in relation to existing members of the Tribunal, the date on which section 50 comes into force; and (b)  in relation to existing adjudicators, the date on which section 51 comes into force.     (7)  Existing member" means a person who is a member of the Tribunal immediately before the appropriate date.       (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--
	("1990 c. 41. The Courts and Legal Services Act 1990. In Schedule 10, paragraph 34. In Schedule 11, in the entry relating to the Immigration Appeal Tribunal, "appointed under Schedule 5 to the Immigration Act 1971".")

© Parliamentary copyright 1999	Prepared 13 October 1999

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