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Asylum and Immigration (Treatment of Claimants, etc.) Bill


Asylum and Immigration (Treatment of Claimants, etc.) Bill

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(b)   

may confer a discretion on the Secretary of State or another person

(whether in relation to determining the amount of a refund or in

relation to determining whether a refund should be made).

(6)   

This section is without prejudice to the power to make an order under section

102 of the Finance (No. 2) Act 1987 (c. 51) (government fees and charges) in

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relation to a power under a provision specified in this section.

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Transfer of leave stamps

(1)   

Section 5 of the Immigration and Asylum Act 1999 (c. 33) (charges) shall be

amended as follows.

(2)   

For subsection (1)(c) (transfer of indefinite leave stamp to new document)

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substitute—

“(c)   

the fixing of a limited leave stamp or indefinite leave stamp on

a passport or other document issued to the applicant where the

stamp was previously fixed on another passport or document

issued to the applicant.”

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(3)   

For subsection (5) substitute—

“(5)   

In this section—

(a)   

“limited leave stamp” means a stamp, sticker or other

attachment which indicates that a person has been granted

limited leave to enter or remain in the United Kingdom, and

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(b)   

“indefinite leave stamp” means a stamp, sticker or other

attachment which indicates that a person has been granted

indefinite leave to enter or remain in the United Kingdom.”

General

31      

Interpretation: “the Immigration Acts”

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(1)   

A reference to “the Immigration Acts” is to—

(a)   

the Immigration Act 1971 (c. 77),

(b)   

the Immigration Act 1988 (c. 14),

(c)   

the Asylum and Immigration Appeals Act 1993 (c. 23),

(d)   

the Asylum and Immigration Act 1996 (c. 49),

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(e)   

the Immigration and Asylum Act 1999,

(f)   

the Nationality, Immigration and Asylum Act 2002 (c. 41), and

(g)   

this Act.

(2)   

This section has effect in relation to a reference in this Act or any other

enactment (including an enactment passed or made before this Act).

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(3)   

For section 158(1) and (2) of the Nationality, Immigration and Asylum Act 2002

substitute—

“(1)   

A reference to “the Immigration Acts” shall be construed in accordance

with section 31 of the Asylum and Immigration (Treatment of

Claimants, etc.) Act 2004.”

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Asylum and Immigration (Treatment of Claimants, etc.) Bill

33

 

(4)   

In the following provisions for “section 158 of the Nationality, Immigration

and Asylum Act 2002” substitute “section 31 of the Asylum and Immigration

(Treatment of Claimants, etc.) Act 2004”—

(a)   

section 32(5) of the Immigration Act 1971, and

(b)   

section 167(1) of the Immigration and Asylum Act 1999.

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32      

Interpretation: immigration officer

In this Act “immigration officer” means a person appointed by the Secretary of

State as an immigration officer under paragraph 1 of Schedule 2 to the

Immigration Act 1971 (c. 77).

33      

Money

10

There shall be paid out of money provided by Parliament—

(a)   

any expenditure incurred by a Minister of the Crown in connection

with this Act, and

(b)   

any increase attributable to this Act in the sums payable under any

other enactment out of money provided by Parliament.

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34      

Repeals

The enactments listed in Schedule 4 are hereby repealed to the extent specified.

35      

Commencement

(1)   

Sections 2, 19(2) and 22 shall come into force at the end of the period of two

months beginning with the date on which this Act is passed.

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(2)   

Section 19(1) shall have effect in relation to determinations of the Special

Immigration Appeals Commission made after the end of the period of two

months beginning with the date on which this Act is passed.

(3)   

The other preceding provisions of this Act shall come into force in accordance

with provision made—

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(a)   

in the case of section 15 or Schedule 1 or 2, by order of the Lord

Chancellor,

(b)   

in the case of sections 4 and 5 in so far as they extend to Scotland, by

order of the Scottish Ministers, and

(c)   

in any other case, by order of the Secretary of State.

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(4)   

An order under subsection (3)—

(a)   

may make transitional or incidental provision,

(b)   

may make different provision for different purposes, and

(c)   

shall be made by statutory instrument.

(5)   

Transitional provision under subsection (4)(a) in relation to the

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commencement of section 15 may, in particular, make provision in relation to

proceedings which, immediately before commencement—

(a)   

are awaiting determination by an adjudicator appointed, or treated as

if appointed, under section 81 of the Nationality, Immigration and

Asylum Act 2002 (c. 41),

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(b)   

are awaiting determination by the Immigration Appeal Tribunal,

 

 

Asylum and Immigration (Treatment of Claimants, etc.) Bill

34

 

(c)   

having been determined by an adjudicator could be brought before the

Immigration Appeal Tribunal,

(d)   

are awaiting the determination of a further appeal brought in

accordance with section 103 of that Act,

(e)   

having been determined by the Immigration Appeal Tribunal could be

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brought before another court by way of further appeal under that

section,

(f)   

are or could be made the subject of an application under section 101 of

that Act (review of decision on permission to appeal to Tribunal), or

(g)   

are or could be made the subject of another kind of application to the

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High Court or the Court of Session.

(6)   

Provision made under subsection (5) may, in particular—

(a)   

provide for the institution or continuance of an appeal of a kind not

generally available after the commencement of section 15,

(b)   

provide for the termination of proceedings, or

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(c)   

make any other provision that the Lord Chancellor thinks appropriate.

36      

Extent

(1)   

This Act extends (subject to subsection (2)) to—

(a)   

England and Wales,

(b)   

Scotland, and

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(c)   

Northern Ireland.

(2)   

An amendment effected by this Act has the same extent as the enactment, or as

the relevant part of the enactment, amended (ignoring extent by virtue of an

Order in Council).

(3)   

Her Majesty may by Order in Council direct that a provision of this Act is to

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extend, with or without modification or adaptation, to—

(a)   

any of the Channel Islands;

(b)   

the Isle of Man.

37      

Short title

This Act may be cited as the Asylum and Immigration (Treatment of

30

Claimants, etc.) Act 2004.

 

 

Asylum and Immigration (Treatment of Claimants, etc.) Bill
Schedule 1 — New Schedule 4 to the Nationality, Immigration and Asylum Act 2002

35

 

Schedules

Schedule 1

Section 15

 

New Schedule 4 to the Nationality, Immigration and Asylum Act 2002

Schedule 4

The Asylum and Immigration Tribunal

5

Membership

1          

The Lord Chancellor shall appoint the members of the Asylum and

Immigration Tribunal.

2          

A person is eligible for appointment as a member of the Tribunal only if he—

(a)   

has a seven year general qualification within the meaning of section

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71 of the Courts and Legal Services Act 1990 (c. 41),

(b)   

is an advocate or solicitor in Scotland of at least seven years’

standing,

(c)   

is a member of the Bar of Northern Ireland, or a solicitor of the

Supreme Court of Northern Ireland, of at least seven years’ standing,

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or

(d)   

in the Lord Chancellor’s opinion, has legal or lay experience which

makes him suitable for appointment.

3     (1)  

A member—

(a)   

may resign by notice in writing to the Lord Chancellor,

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(b)   

shall cease to be a member on reaching the age of 70, and

(c)   

otherwise, shall hold and vacate office in accordance with the terms

of his appointment (which may include provision for dismissal).

      (2)  

Sub-paragraph (1)(b) is subject to section 26(4) to (6) of the Judicial Pensions

and Retirement Act 1993 (c. 8) (extension to age 75).

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4          

The Lord Chancellor may by order make provision for the title of members

of the Tribunal.

Presidency

5     (1)  

The Lord Chancellor shall appoint—

(a)   

a member of the Tribunal, who holds or has held high judicial office

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within the meaning of the Appellate Jurisdiction Act 1876 (c. 59), as

President of the Tribunal, and

(b)   

one or more members of the Tribunal as Deputy President.

      (2)  

A Deputy President—

 

 

Asylum and Immigration (Treatment of Claimants, etc.) Bill
Schedule 1 — New Schedule 4 to the Nationality, Immigration and Asylum Act 2002

36

 

(a)   

may act for the President if the President is unable to act or

unavailable, and

(b)   

shall perform such functions as the President may delegate or assign

to him.

Proceedings

5

6          

The Tribunal shall sit at times and places determined by the Lord

Chancellor.

7     (1)  

The jurisdiction of the Tribunal shall be exercised by three members unless

the President from time to time directs.

      (2)  

A direction under this paragraph—

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(a)   

may relate to the whole or part of specified proceedings or to the

whole or part of proceedings of a specified kind,

(b)   

may enable jurisdiction to be exercised by a single member,

(c)   

may require or permit the transfer of the whole or part of

proceedings—

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(i)   

from one member to another,

(ii)   

from one group of members to another,

(iii)   

from one member to a group of members, or

(iv)   

from a group of members to one member,

(d)   

may be varied or revoked by a further direction, and

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(e)   

is subject to rules under section 106.

8     (1)  

The President may make arrangements for the allocation of proceedings to

members of the Tribunal.

      (2)  

Arrangements under this paragraph—

(a)   

may permit allocation by the President or another member of the

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Tribunal,

(b)   

may permit the allocation of a case to a specified member or to a

specified class of member,

(c)   

may include provision for transfer, and

(d)   

are subject to rules under section 106.

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Staff

9          

The Lord Chancellor may appoint staff for the Tribunal.

Money

10         

The Lord Chancellor—

(a)   

may pay remuneration and allowances to members of the Tribunal,

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(b)   

may pay remuneration and allowances to staff of the Tribunal, and

(c)   

may defray expenses of the Tribunal.

11         

The Lord Chancellor may pay compensation to a person who ceases to be a

member of the Tribunal if the Lord Chancellor thinks it appropriate because

of special circumstances.

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