House of Lords Amendments - Immigration and Asylum Bill

Immigration and Asylum Bill - Amendments to be debated in the House of Lords - continued	House of Lords
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	Schedule 2
	BY THE LORD BASSAM OF BRIGHTON
61	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")
62	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
63	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
64	Page 36, line 33, leave out ("under paragraph 22 or 23 of Schedule 4")
	Schedule 4
	BY THE LORD BASSAM OF BRIGHTON
65	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,")
66	Page 115, line 8, at end insert ("unless the contrary is proved")
67	Page 115, line 31, after ("which") insert-- ("( ) a decision of an adjudicator may be set aside by an adjudicator; or ( )")
68	Page 115, line 39, at end insert ("at any hearing of his appeal")
	BY THE LORD GRAHAM OF EDMONTON
69*	Page 116, line 35, leave out paragraph 9
	BY THE LORD BASSAM OF BRIGHTON
70	Page 116, line 35, leave out from ("appeal") to ("is") in line 38 and insert ("under Part IV of this Act by a person who claims that it would be contrary to the Convention for him to be removed from, or to be required to leave, the United Kingdom, if the Secretary of State has certified that, in his opinion, that claim")
	BY THE LORD GOODHART THE LORD BISHOP OF SOUTHWARK
71	Page 116, line 44, leave out sub-paragraph (3)
	BY THE LORD BASSAM OF BRIGHTON
72	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")
73	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 to that Act,")
74	Page 118, line 43, at end insert-- ("(2) That does not prevent-- (a) directions for his removal being given during that period; (b) a deportation order being made against him during that period. (3) But no such direction or order is to have effect during that period.")
	BY THE EARL OF SANDWICH THE LORD PHILLIPS OF SUDBURY THE LORD ACKNER THE LORD COPE OF BERKELEY
75	Page 119, line 21, at end insert-- ("(4A) This sub-paragraph applies where the appeal is one to which section 71 or section 72 applies and-- (a) the adjudicator considers that the case is one to which a published concession applies; or (b) he considers that such compassionate circumstances as may be set out in the immigration rules relating to deportation or removal apply in the case. (4B) Where sub-paragraph (4A) applies, nothing in sub-paragraph (4) shall prevent an adjudicator allowing an appeal under sub-paragraph (1)(b). (4C) Where sub-paragraph (4A) applies, the adjudicator may allow the appeal under sub-paragraph (1)(b) notwithstanding that the ground upon which the appeal is allowed did not require to be considered at the time of the decision or action against which the appeal is brought.")
	Clause 54
	BY THE LORD BASSAM OF BRIGHTON
76	Page 37, line 32, leave out from ("entitlement") to end of line 33
77	Page 37, line 39, leave out from beginning to ("against") and insert ("Section 53 does not entitle a person to appeal")
	Clause 57
	BY THE LORD DHOLAKIA THE LORD AVEBURY
78	Page 39, line 33, after ("3(5)") insert ("or (6)")
	Clause 59
	BY THE LORD BASSAM OF BRIGHTON
79	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.
80	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.")	1997 c. 68.
	Clause 63
	BY THE LORD GRAHAM OF EDMONTON
81*	Page 42, line 42, at end insert (", which include recognition of rape as persecution and therefore grounds for asylum")
	After Clause 66
	BY THE BARONESS WILLIAMS OF CROSBY
82*	Insert the following new Clause--
	(" . The Secretary of State shall, in consultation with appropriate organisations, develop and adopt guidelines for dealing appropriately with-- (a) women; and (b) children in the determination of asylum claims.")	Additional provisions for asylum determination.
	Clause 67
	BY THE LORD BASSAM OF BRIGHTON
83	Page 44, line 22, leave out ("this Part") and insert ("the Special Immigration Appeals Commission Act 1997 or this Act")	1997 c. 68.
84	Page 44, line 32, leave out ("the sole") and insert ("one")
85	Page 44, line 34, at end insert ("; and (c) the appellant had no other legitimate purpose for making the claim")
	BY THE LORD COPE OF BERKELEY THE LORD AVEBURY THE BARONESS WILLIAMS OF CROSBY
86*	Page 44, line 35, 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")
	BY THE LORD BASSAM OF BRIGHTON
87	Page 45, line 5, leave out from ("that") to 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.")
88	Page 45, line 8, leave out ("this Part") and insert ("the Special Immigration Appeals Commission Act 1997 or this Act")	1997 c. 68.
	Clause 70
	BY THE LORD COPE OF BERKELEY THE BARONESS WILLIAMS OF CROSBY THE LORD AVEBURY
89*	Page 47, line 9, leave out ("Secretary of State") and insert ("Adjudicator")
	BY THE LORD BASSAM OF BRIGHTON
90	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")
91	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
92	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.")
93	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")
94	Page 47, line 23, leave out ("the appellant") and insert ("he")
95	Page 47, line 25, leave out ("Part") and insert ("Act")
96	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.")
97	Page 47, line 32, leave out subsection (4)
98	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
99	Leave out Clause 72
	Clause 73
	BY THE LORD BASSAM OF BRIGHTON
100	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
101	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")
102	Page 49, line 16, leave out ("and") and insert ("or")
103	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.")
104	Page 50, line 9, leave out ("in relation to an EEA national") and insert ("for the purposes of this section")
105	Page 50, line 10, leave out ("his") and insert ("a person's")
	Schedule 5
	BY THE LORD DHOLAKIA
106*	Page 123, line 1, leave out ("(c),")
107	Page 123, line 3, after ("person") insert ("who falls within section 79(2)(c) or")
108	Page 123, line 10, at end insert-- ("(6) The complaints scheme must provide for the Commissioner to bring to the attention of a designated professional body a relevant complaint under sub-paragraph (3)(a) or (b) where it relates to a person who falls within paragraph (c) of section 79(2), and a complaint made to him which relates to an alleged breach, by a person who falls within paragraph (c) of section 79(2), of one or more of the rules of that body.")
	Clause 84
	BY THE LORD BASSAM OF BRIGHTON
109	Page 56, line 26, leave out ("order of the Court of Session") and insert ("extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland")
	Clause 89
	BY THE LORD BASSAM OF BRIGHTON
110	Page 59, line 17, at end insert-- (""the Department" means the Department of Health and Social Services for Northern Ireland;")
111	Page 59, line 18, after ("asylum-seeker") insert ("or a supported person")
112	Page 59, line 20, leave out ("the asylum-seeker's") and insert ("his")
113	Page 59, line 21, leave out ("the asylum-seeker") and insert ("his")
114	Page 59, line 37, leave out ("to whom support is given") and insert ("for whom support is provided")
	BY THE LORD BISHOP OF SOUTHWARK THE BARONESS KENNEDY OF THE SHAWS THE LORD ACKNER THE LORD PHILLIPS OF SUDBURY
115	Page 60, line 3, at end insert ("and shall in any event be extended-- (i) in the event that either party indicates an intention to bring judicial review proceedings in respect of an asylum claim or other aspect of an asylum seeker's immigration status, for a period reasonably long enough to enable him to do so, and (ii) for so long as any such proceedings, and any further appeal or proceedings arising from them, remain pending, and (iii) whether or not such proceedings are proposed or taken, for so long as the Secretary of State has under consideration further representations in respect of the claimant's immigration status, and (iv) whenever and for so long as the Secretary of State does not or is for any reason unable to effect the removal of an asylum seeker and his dependants (if any) following rejection of an asylum claim")
	BY THE LORD BASSAM OF BRIGHTON
116	Page 60, line 5, leave out ("Part IV") and insert ("the Immigration Acts or the Special Immigration Appeals Commission Act 1997")	1997 c. 68.
117	Page 60, line 8, after ("while") insert ("-- (a) the child is under 18; and (b)")



© Parliamentary copyright 1999	Prepared 15 October 1999