Borders, Citizenship and Immigration Bill [HL]
SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT
The amendments have been marshalled in accordance with the Instruction of 17th December 2008, as follows—
[Amendments marked * are new or have been altered]
Amendment
No.
| 42 | Insert the following new Clause— |
| (1) | Section 3 of the British Nationality Act 1981 (c. 61) (acquisition by registration: minors) is amended as follows. |
| 6 | (2) In subsection (2), for "within the period of twelve months from the date of the birth" substitute "while he is a minor". |
| (3) | Omit subsection (4)." |
| | [As an amendment to Amendment 42] |
| 42A | Line 6, at end insert— |
| "( ) | After subsection (3)(b)(ii) insert— |
| "(iii) | was a British citizen otherwise than by descent at the time of the birth of the child in question, or would have been such a citizen otherwise than by descent at the time of the birth of the child in question but for his or her death."" |
| 43 | Insert the following new Clause— |
| | "British Nationals (Overseas) without other citizenship |
| (1) | Section 4B of the British Nationality Act 1981 (c. 61) (acquisition by registration: certain persons without other citizenship) is amended as follows. |
| (a) | omit "or" immediately before paragraph (c), and |
| (b) | after that paragraph insert ", or |
| (d) | British National (Overseas)". |
| (3) | In subsection (2)(c), for "4th July 2002" substitute "the relevant day". |
| (4) | After subsection (2), insert— |
| "(3) | For the purposes of subsection (2)(c), the "relevant day" means— |
| (a) | in the case of a person to whom this section applies by virtue of subsection (1)(d) only, 19th March 2009, and |
| 15 | (b) in any other case, 4th July 2002."" |
| | [As an amendment to Amendment 43] |
| 43A | Line 15, at end insert— |
| "(4) | A British National (Overseas) who is registered as a British citizen under this section shall be treated for the purposes of this Act as— |
| (a) | A British citizen by descent; or |
| (b) | a British citizen otherwise than by descent, |
| | according as to whether, immediately before 1 July 1997, he was for the purposes of this Act a British Dependent Territories citizen by descent or a British Dependent Territories citizen otherwise than by descent."" |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| 45 | Insert the following new Clause— |
| (1) | Section 6 of the British Overseas Territories Act 2002 (c. 8) (the Ilois: citizenship) is amended as follows. |
| (2) | After subsection (2) insert— |
| "(2A) | A person shall be entitled to register as a British citizen if— |
| (a) | his father or mother was or is a citizen of the United Kingdom and Colonies or a British citizen by virtue of birth in the British Indian Ocean Territory or by operation of section 6(1), and |
| (b) | he is not a British citizen. |
| (2B) | A person shall be entitled to register as a British overseas territories citizen if— |
| (a) | subsections (2A)(a) and (b) apply to him, and |
| (b) | immediately prior to registration under subsection (2A) he was not a British overseas territories citizen. |
| (2C) | In subsection (2A)(a) "father" has the meaning given in section 50(9A) of the British Nationality Act 1981. |
| (2D) | No charge or fee shall be imposed for registration under section 6(2A) or (2B)."" |
| | LORD ROBERTS OF LLANDUDNO |
| 47 | Insert the following new Clause— |
| (1) | The British Nationality Act 1981 (c. 61) is amended as follows. |
| (2) | After section 4C (acquisition by regulation: certain persons born between 1961 and 1983), insert— |
| "4D | Acquisition by registration: legitimacy |
| (1) | A person is entitled to be registered as a British citizen if— |
| (a) | he applies for registration under this section; and |
| (b) | he satisfies each of the following conditions. |
| (2) | The first condition is that the person was born before 1st July 2006. |
| (3) | The second condition is that the person is not already a British citizen. |
| (4) | The third condition is that the father of the child satisfies any requirements as to proof of paternity prescribed under section 50(9B) of this Act. |
| (5) | The fourth condition is that the person would have been a British citizen had his father been married to his mother at the time of his birth."" |
| 49 | Page 38, line 5, after "3(1)" insert ", (2)" |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| | [As an amendment to Amendment 49] |
| 50 | Line 1, at end insert "(save in the case of a person born stateless)" |
| 51 | Page 38, line 21, leave out subsection (2) |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| 52 | Page 40, line 14, at end insert— |
| "( ) | The period during which a person had a pending application for leave to remain pursuant to an asylum claim or a human rights claim shall not be treated as a period when that person was in the UK in breach of the immigration laws if the outcome of the claim is that the person is given leave to remain as a refugee, on human rights grounds or outside the immigration rules. |
| ( ) | An asylum claim and a human rights claim have the same meaning given in section 113 of the Nationality, Immigration and Asylum Act 2002, and a pending application is one that has not yet been determined or that is the subject of a pending appeal within the meaning of section 104 of that Act." |
| 55 | Insert the following new Clause— |
| (1) | In exercising his functions under the UK Borders Act 2007 (c. 30), the Secretary of State may designate any official exercising functions under Part 1 of this Act as being entitled to make an application for an expulsion order. |
| (2) | An "expulsion order" in relation to a person is an order which— |
| (a) | requires, if the person is in the United Kingdom, that the person leaves it, and |
| (b) | prohibits the person, if the person is outside the United Kingdom, from arriving in or entering it. |
| (3) | The Secretary of State may make an expulsion order in relation to a person if the person is not a British citizen and falls within subsection (4). |
| (4) | A person falls within this subsection if— |
| (a) | a person has arrived in the United Kingdom and is not an EEA entrant and, on or after arrival, the person is refused the grant of immigration permission or the person's immigration permission is cancelled, |
| (b) | a person has arrived in the United Kingdom, is not an EEA entrant, and does not have immigration permission (whether or not the person had such permission on entering the United Kingdom), |
| (c) | the person has permission and has breached a condition subject to which the permission was granted, |
| (d) | the person has obtained immigration permission wholly or partly by means of deception by that person or by another person, |
| (e) | the person has attempted, or is attempting, to obtain immigration permission as described in paragraph (d), or |
| (f) | an appropriate court has recommended the person's expulsion from the United Kingdom. |
| (5) | An expulsion order may be made in relation to a person whether or not that person is in the United Kingdom when the order is made. |
| (6) | An expulsion order may be for a limited period or an unlimited period. |
| (7) | If an expulsion order is made in relation to a person, the Secretary of State must give the person notice the order has been made." |
| 55A | Insert the following new Clause— |
| | "Northern Ireland: arrivals by land |
| | In section 1 of the Immigration Act 1971 (c. 77) (general principles: the common travel area), after subsection (3), insert— |
| "(3A) | Arrivals by land from the Republic of Ireland to the United Kingdom shall not be subject to immigration control under this Act."" |
| 55B | Insert the following new Clause— |
| | "Entry otherwise than by sea or air: immigration control |
| | In section 10 of the Immigration Act 1971 (c. 77) (entry otherwise than by sea or air), after subsection (1A), insert— |
| "(1AB) | An Order in Council made under subsection (1) must not include provision relating to immigration control."" |
| | LORD LESTER OF HERNE HILL |
| 55C | Page 44, line 19, at end insert— |
| "(4) | Section 13(6) of the Tribunals, Courts and Enforcement Act 2007 (c. 15) (right of appeal to court of appeal etc.) does not apply in relation to immigration and nationality appeals from the Upper Tribunal." |
| 55D* | Page 44, line 19, at end insert— |
| "(4) | Notwithstanding subsections (1) to (3), no transfer of a class of applications falling within subsection (5) may be made unless a draft of a statutory instrument specifying the class of applications to be transferred has been laid before and approved by resolution of each House of Parliament. |
| (5) | The applications are those which call into question any decision made under— |
| (a) | the Immigration Acts, |
| (b) | the British Nationality Act 1981 (c. 61), |
| (c) | any instrument having effect under an enactment within paragraph (a) or (b), or |
| (d) | any other provision of law for the time being in force which determines British citizenship, British overseas territories citizenship, the status of British National (Overseas) or British Overseas citizenship." |
| 56 | Leave out Clause 52 and insert the following new Clause— |
| | "Fresh claim applications |
| | All fresh claim applications made under rule 353 of the Immigration Rules are transferred to the Upper Tribunal." |
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