Immigration and Asylum Bill

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

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Exemption from immigration control

Members of missions other than diplomatic agents.

6. In the 1971 Act, in section 8 (exceptions for certain categories of person), for subsection (3A) (members of diplomatic missions) substitute-

	"(3A) For the purposes of subsection (3), a member of a mission other than a diplomatic agent (as defined by the 1964 Act) is not to count as a member of a mission unless-
	(a) he was resident outside the United Kingdom, and was not in the United Kingdom, when he was offered a post as such a member; and
	(b) he has not ceased to be such a member after having taken up the post."

Persons ceasing to be exempt.

7. In the 1971 Act, after section 8, insert-

"Persons ceasing to be exempt.	8A. - (1) A person is exempt for the purposes of this section if he is exempt from provisions of this Act as a result of section 8(2) or (3).
	(2) If a person who is exempt-
	(a) ceases to be exempt, and
	(b) requires leave to enter or remain in the United Kingdom as a result,
	he is to be treated as if he had been given leave to remain in the United Kingdom for a period of 90 days beginning on the day on which he ceased to be exempt.
	(3) If-
	(a) a person who is exempt ceases to be exempt, and
	(b) there is in force in respect of him leave for him to enter or remain in the United Kingdom which expires before the end of the period mentioned in subsection (2),
	his leave is to be treated as expiring at the end of that period."

Removal from the United Kingdom

Treatment of certain overstayers.

8. - (1) During the regularisation period overstayers may apply, in the prescribed manner, for leave to remain in the United Kingdom.

(2) The regularisation period begins on the day prescribed for the purposes of this subsection and is not to be less than three months.

(3) The regularisation period ends-

(a) on the day prescribed for the purposes of this subsection; or

(b) if later, on the day before that on which section 62 comes into force.

(4) Section 9 and paragraph 7 of Schedule 14 come into force on the day after that on which the regularisation period ends

(5) 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.

(6) "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.

9. - (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 8.

(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 under this section-

(a) may be given only to persons falling within a prescribed class;

(b) 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.

(9) The costs of complying with a direction given under this section (so far as reasonably incurred) must be met by the Secretary of State.

Removal of asylum claimants under standing arrangements with member States.

10. - (1) 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-

(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 62.

(3) Unless a certificate has been issued under section 69(2)(a) in relation to a person, he is not to be removed from the United Kingdom-

(a) if he has an appeal under section 62 against the decision to remove him in accordance with this section pending; or

(b) before the time for giving notice of such an appeal has expired.

(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.

11. - (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 (7) are fulfilled;

(b) the certificate has not been set aside on an appeal under section 62.

(3) Unless a certificate has been issued under section 69(2)(a) in relation to a person, he is not to be removed from the United Kingdom-

(a) if he has an appeal under section 62 against the decision to remove him in accordance with subsection (2) pending; or

(b) before the time for giving notice of such an appeal has expired.

(4) Subsection (5) 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).

(5) 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 (7) are fulfilled;

(b) the certificate has not been set aside on an appeal under section 62 or 68; and

(6) For the purposes of subsection (5)(c), an appeal under section 62 is not to be regarded as pending if the Secretary of State has issued a certificate under section 69(2)(a) in relation to the allegation on which it is founded.

(7) 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.

(8) "Standing arrangements" has the same meaning as in section 10.

Proof of identity of persons to be removed or deported.

12. - (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 he 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 140; or

(b) data collected in accordance with regulations made under section 143.

(6) "Removed" means removed as a result of directions given under section 9 or under Schedule 2 or 3 to the 1971 Act.

Prepared 22 October 1999