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Amendments to the Nationality, Immigration and Asylum Bill

Nationality, Immigration and Asylum Bill


REVISED FIFTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE


      The amendments have been marshalled in accordance with the Instruction of 1st July 2002, as follows—

Clauses 56 to 68
Clauses 102 to 108
Schedule 8
Clauses 109 to 140
Schedule 9
Clauses 141 to 143
Clause 69
Schedule 4
Clauses 70 to 88
Schedule 5
Clauses 89 to 100
Schedules 6 and 7
Clause 101

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 56

 

THE LORD BISHOP OF HEREFORD
THE LORD DHOLAKIA
THE LORD AVEBURY

170APage 30, line 40, after "persons" insert "over the age of eighteen"
 

THE EARL RUSSELL
THE LORD DHOLAKIA
THE LORD AVEBURY

170BPage 31, line 2, leave out "removal" and insert "holding"
170CPage 31, line 4, leave out "removal" and insert "holding"
 

After Clause 56

 

THE LORD AVEBURY

171Insert the following new Clause—
  "Control on entry: consolidation of administrative provisions
(1)  Schedule 2 to the Immigration Act 1971 (c. 77) is repealed.
(2)  Schedule (Administrative provisions as to control on entry etc) has effect."
 

After Schedule 3

 

THE LORD AVEBURY

172Insert the following new Schedule—
 

"SCHEDULE
ADMINISTRATIVE PROVISIONS AS TO CONTROL ON ENTRY ETC
PART 1
GENERAL PROVISIONS

 

Immigration officers and medical inspectors

 1   (1)   Immigration officers for the purpose of the Immigration Act 1971 (c. 77) shall be appointed by the Secretary of State, and he may arrange with the Commissioners of Customs and Excise for the employment of officers of customs and excise as immigration officers under that Act.
(2)      Medical inspectors for the purposes of that Act may be appointed by the Secretary of State or, in Northern Ireland, by the Minister of Health and Social Services or other appropriate Minister of the Government of Northern Ireland in pursuance of arrangements made between that Minister and the Secretary of State, and shall be fully qualified medical practitioners.
(3)      In the exercise of their functions under that Act immigration officers shall act in accordance with such instructions (not inconsistent with the immigration rules) as may be given them by the Secretary of State, and medical inspectors shall act in accordance with such instructions as may be given them by the Secretary of State or, in Northern Ireland, as may be given in pursuance of the arrangements mentioned in sub-paragraph (2) above by the Minister making appointments of medical inspectors in Northern Ireland.
(4)      An immigration officer or medical inspector may board any ship or aircraft for the purpose of exercising his functions under that Act.
(5)      An immigration officer, for the purpose of satisfying himself whether there are persons he may wish to examine under paragraph 2 below, may search any ship or aircraft and anything on board it, or any vehicle taken off a ship or aircraft in which it has been brought to the United Kingdom.
 

Examination by immigration officers, and medical examination

 2   (1)   An immigration officer may examine any persons who have arrived in the United Kingdom by ship or aircraft (including transit passengers, members of the crew and others not seeking to enter the United Kingdom) for the purpose of determining—
(a)  whether any of them is or is not a British citizen; and
(b)  whether, if he is not, he may or may not enter the United Kingdom without leave; and
(c)  whether, if he may not—
(i)  he has been given leave which is still in force,
(ii)  he should be given leave and for what period or on what conditions (if any), or
(iii)  he should be refused leave.
(2)      Any such person, if he is seeking to enter the United Kingdom, may be examined also by a medical inspector or by any qualified person carrying out a test or examination required by a medical inspector.
(3)      A person, on being examined under this paragraph by an immigration officer or medical inspector, may be required in writing by him to submit to further examination; but a requirement under this sub-paragraph shall not prevent a person who arrives as a transit passenger, or as a member of the crew of a ship or aircraft, or for the purpose of joining a ship or aircraft as a member of the crew, from leaving by his intended ship or aircraft.
 

Examination of persons who arrive with continuing leave

 3   (1)   This paragraph applies to a person who has arrived in the United Kingdom with leave to enter which is in force but which was given to him before his arrival.
(2)      He may be examined by an immigration officer for the purpose of establishing—
(a)  whether there has been such a change in the circumstances of his case, since that leave was given, that it should be cancelled;
(b)  whether that leave was obtained as a result of false information given by him or his failure to disclose material facts; or
(c)  whether there are medical grounds on which that leave should be cancelled.
(3)      He may also be examined by an immigration officer for the purpose of determining whether it would be conducive to the public good for that leave to be cancelled.
(4)      He may also be examined by a medical inspector or by any qualified person carrying out a test or examination required by a medical inspector.
(5)      A person examined under this paragraph may be required by the officer or inspector to submit to further examination.
(6)      A requirement under sub-paragraph (5) does not prevent a person who arrives—
(a)  as a transit passenger,
(b)  as a member of the crew of a ship or aircraft, or
(c)  for the purpose of joining a ship or aircraft as a member of the crew,
  from leaving by his intended ship or aircraft.
(7)      An immigration officer examining a person under this paragraph may by notice suspend his leave to enter until the examination is completed.
(8)      An immigration officer may, on the completion of any examination of a person under this paragraph, cancel his leave to enter.
(9)      Cancellation of a person's leave under sub-paragraph (8) is to be treated for the purposes of the Immigration Act 1971 (c. 77) and Part IV of the Immigration and Asylum Act 1999 as if he had been refused leave to enter at a time when he had a current entry clearance.
(10)      A requirement imposed under sub-paragraph (5) and a notice given under sub-paragraph (7) must be in writing.
 4   (1)   An immigration officer may examine any person who is embarking or seeking to embark in the United Kingdom for the purpose of determining whether he is a British citizen and, if he is not, for the purpose of establishing his identity.
(2)      So long as any Order in Council is in force under section 3(7) of the Immigration Act 1971 (c. 77), an immigration officer may examine any person who is embarking or seeking to embark in the United Kingdom for the purpose of determining—
(a)  whether any of the provisions of the Order apply to him; and
(b)  whether, if so, any power conferred by the Order should be exercised in relation to him and in what way.
 

Information and documents

 5   (1)   It shall be the duty of any person examined under paragraph 2, 3 or 4 above to furnish to the person carrying out the examination all such information in his possession as that person may require for the purpose of his functions under that paragraph.
(2)      A person on his examination under paragraph 2, 3 or 4 above by an immigration officer shall, if so required by the immigration officer—
(a)  produce either a valid passport with photograph or some other document satisfactorily establishing his identity and nationality or citizenship; and
(b)  declare whether or not he is carrying or conveying, or has carried or conveyed, documents of any relevant description specified by the immigration officer, and produce any documents of that description which he is carrying or conveying.
        In paragraph (b), "relevant description" means any description appearing to the immigration officer to be relevant for the purposes of the examination.
(3)      An immigration officer may detain any passport or other document produced pursuant to sub-paragraph (2)(a) above until the person concerned is given leave to enter the United Kingdom or is about to depart or be removed following refusal of leave.
(4)      Where under sub-paragraph (2)(b) above a person has been required to declare whether or not he is carrying or conveying, or has carried or conveyed, documents of any description—
(a)  he and any baggage or vehicle belonging to him or under his control; and
(b)  any ship, aircraft or vehicle in which he arrived in the United Kingdom,
  may be searched with a view to ascertaining whether he is doing or, as the case may be, has done so by the immigration officer or a person acting under the directions of that officer:
        Provided that no woman or girl shall be searched except by a woman.
(5)      An immigration officer may examine any documents produced pursuant to sub-paragraph (2)(b) above or found on a search under sub-paragraph (4), and may for that purpose detain them for any period not exceeding seven days; and if on examination of any document so produced or found the immigration officer is of the opinion that it may be needed in connection with proceedings on an appeal under the Immigration Act 1971 (c. 77) or for an offence, he may detain it until he is satisfied that it will not be so needed.
 6      The Secretary of State may by order made by statutory instrument make provision for requiring passengers disembarking or embarking in the United Kingdom, or any class of such passengers, to produce to an immigration officer, if so required, landing or embarkation cards in such form as the Secretary of State may direct, and for requiring the owners or agents of ships and aircraft to supply such cards to those passengers.
 

Notice of leave to enter or of refusal of leave

 7   (1)   Subject to sub-paragraph (3) below, where a person examined by an immigration officer under paragraph 2 above is to be given a limited leave to enter the United Kingdom or is to be refused leave, the notice giving or refusing leave shall be given not later than twenty-four hours after the conclusion of his examination (including any further examination) in pursuance of that paragraph; and if notice giving or refusing leave is not given him before the end of those twenty-four hours, he shall (if not a British citizen) be deemed to have been given leave to enter the United Kingdom for a period of six months subject to a condition prohibiting his taking employment and the immigration officer shall as soon as may be give him written notice of that leave.
(2)      Where on a person's examination under paragraph 2 above he is given notice of leave to enter the United Kingdom, then at any time before the end of twenty-four hours from the conclusion of the examination he may be given a further notice in writing by an immigration officer cancelling the earlier notice and refusing him leave to enter.
(3)      Where in accordance with this paragraph a person is given notice refusing him leave to enter the United Kingdom, that notice may at any time be cancelled by notice in writing given by an immigration officer; and where a person is given a notice of cancellation under this sub-paragraph, and the immigration officer does not at the same time give him indefinite or limited leave to enter, he shall be deemed to have been given leave to enter for a period of six months subject to a condition prohibiting his taking employment and the immigration officer shall as soon as may be give him written notice of that leave.
(4)      Where an entrant is a member of a party in charge of a person appearing to the immigration officer to be a responsible person, any notice to be given in relation to that entrant in accordance with this paragraph shall be duly given if delivered to the person in charge of the party.
 

Power to require medical examination after entry

 8   (1)   This paragraph applies if an immigration officer examining a person under paragraph 2 decides—
(a)  that he may be given leave to enter the United Kingdom; but
(b)  that a further medical test or examination may be required in the interests of public health.
(2)      This paragraph also applies if an immigration officer examining a person under paragraph 3 decides—
(a)  that his leave to enter the United Kingdom should not be cancelled; but
(b)  that a further medical test or examination may be required in the interests of public health.
(3)      The immigration officer may give the person concerned notice in writing requiring him—
(a)  to report his arrival to such medical officer of health as may be specified in the notice; and
(b)  to attend at such place and time and submit to such test or examination (if any), as that medical officer of health may require.
(4)      In reaching a decision under paragraph (b) of sub-paragraph (1) or (2), the immigration officer must act on the advice of—
(a)  a medical inspector; or
(b)  if no medical inspector is available, a fully qualified medical practitioner.
 

Removal of persons refused leave to enter and illegal entrants

 9   (1)   Where a person arriving in the United Kingdom is refused leave to enter, an immigration officer may, subject to sub-paragraph (2) below—
(a)  give the captain of the ship or aircraft in which he arrives directions requiring the captain to remove him from the United Kingdom in that ship or aircraft; or
(b)  give the owners or agents of that ship or aircraft directions requiring them to remove him from the United Kingdom in any ship or aircraft specified or indicated in the directions, being a ship or aircraft of which they are the owners or agents; or
(c)  give those owners or agents directions requiring them to make arrangements for his removal from the United Kingdom in any ship or aircraft specified or indicated in the direction to a country or territory so specified being either—
(i)  a country of which he is a national or citizen; or
(ii)  a country or territory in which he has obtained a passport or other document of identity; or
(iii)  a country or territory in which he embarked for the United Kingdom; or
(iv)  a country or territory to which there is reason to believe that he will be admitted.
(2)      No directions shall be given under this paragraph in respect of anyone after the expiration of two months beginning with the date on which he was refused leave to enter the United Kingdom except that directions may be given under sub-paragraph (1)(b) or (c) after the end of that period if the immigration officer has within that period given written notice to the owners or agents in question of his intention to give directions to them in respect of that person.
 10   (1)   Where an illegal entrant is not given leave to enter or remain in the United Kingdom, an immigration officer may give any such directions in respect of him as in a case within paragraph 9 above are authorised by paragraph 9(1).
(2)      Any leave to enter the United Kingdom which is obtained by deception shall be disregarded for the purposes of this paragraph.
 11   (1)   Where it appears to the Secretary of State either—
(a)  that directions might be given in respect of a person under paragraph 9 or 10 above, but that it is not practicable for them to be given or that, if given, they would be ineffective; or
(b)  that directions might have been given in respect of a person under paragraph 9 above but that the requirements of paragraph 9(2) have not been complied with;
  then the Secretary of State may give to the owners or agents of any ship or aircraft any such directions in respect of that person as are authorised by paragraph 9(1)(c).
(2)      Where the Secretary of State may give directions for a person's removal in accordance with sub-paragraph (1) above, he may instead give directions for his removal in accordance with arrangements to be made by the Secretary of State to any country or territory to which he could be removed under sub-paragraph (1).
(3)      The costs of complying with any directions given under this paragraph shall be defrayed by the Secretary of State.
 12      A person in respect of whom directions are given under any of paragraphs 9 to 11 above may be placed, under the authority of an immigration officer, on board any ship or aircraft in which he is to be removed in accordance with the directions.

 
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©Parliamentary copyright 2002
17 July 2002