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Borders, Citizenship and Immigration Bill [HL] |
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MARSHALLED LIST FOR CONSIDERATION OF Commons amendments |
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[The page and line refer to Bill 86 as first printed for the Commons] |
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1 | Page 2, line 17, after “section” insert “(other than in subsection (8))” |
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2 | Page 2, line 36, leave out from “means” to end of line 37 and insert “— |
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| (a) | a function that is exercisable— |
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| (i) | by the Secretary of State by virtue of this section, or |
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| (ii) | by general customs officials by virtue of section 3, |
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| (b) | a function that is conferred on general customs officials or the |
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| Secretary of State by or by virtue of any of sections 22 to 24 |
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| (investigations and detention), or |
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| (c) | a function under Community law that is exercisable by the |
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| Secretary of State or general customs officials in relation to a |
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| (i) | in relation to which functions under Community law are |
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| exercisable by the Commissioners or officers of Revenue |
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| (ii) | that is not listed in paragraphs (a) to (e) of subsection (2).” |
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3 | Page 3, line 6, at end insert— |
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| “( ) | make provision for a function of the Secretary of State or general |
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| customs officials to be treated, or not to be treated, as a general |
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4 | Page 4, line 41, leave out from “of” to end of line 41 and insert “general customs |
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5 | Page 6, line 21, leave out from “means” to end of line 22 and insert “— |
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| (a) | a function that is exercisable— |
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| (i) | by the Director by virtue of this section, or |
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| (ii) | by customs revenue officials by virtue of section 11, |
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| (b) | a function that is conferred on customs revenue officials or the |
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| Director by or by virtue of any of sections 22 to 24 (investigations |
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| (c) | a function under Community law that is exercisable by the Director |
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| or customs revenue officials in relation to a customs revenue |
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6 | Page 6, line 38, leave out from “Director” to end of line 39 |
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7 | Page 7, line 8, leave out “functions in relation to customs revenue matters” and |
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| insert “customs revenue functions” |
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8 | Page 9, line 3, leave out from “of” to end of line 4 and insert “customs revenue |
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9 | Insert the following new Clause— |
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| “Short-term holding facilities |
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| In section 147 of the Immigration and Asylum Act 1999 (c. 33) (removal |
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| centres and detained persons: interpretation), in the definition of “short- |
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| (a) | after “used” insert “—(a)”, and |
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| (b) | at the end insert “, or |
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| (b) | for the detention of— |
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| (i) | detained persons for a period of not more |
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| than seven days or for such other period as |
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| (ii) | persons other than detained persons for any |
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| [As an amendment to Commons Amendment No. 9] |
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9A | Line 12, leave out “any period” and insert “not longer than six hours” |
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10 | Page 18, line 42, leave out Clause 25 |
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11 | Page 20, line 7, leave out from “means” to end of line 8 and insert “a function which |
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| before the passing of this Act was exercisable by the Commissioners or officers of |
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| Revenue and Customs (whether or not it remains so exercisable) and that— |
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| (a) | is conferred by or by virtue of this Part on the Secretary of State, the |
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| Director or a designated customs official, or |
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| (b) | is a function under Community law that is exercisable by the |
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| Secretary of State, the Director or a designated customs official;” |
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12 | Page 21, line 5, at end insert “, and |
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| ( ) | after paragraph (g) insert— |
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| “(ga) | practice and procedure in relation to the prevention, |
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| detection and investigation of offences, |
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| (gb) | practice and procedure in relation to the conduct of |
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| (gc) | whether customs functions have been appropriately |
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| exercised by the Secretary of State and the Director |
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13 | Page 21, leave out lines 7 to 15 |
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14 | Page 28, line 16, at end insert— |
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| (a) | all the rights, powers, liabilities, obligations and restrictions |
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| from time to time created or arising by or under the |
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| (b) | all the remedies and procedures from time to time provided |
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| for by or under the Community Treaties, |
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| as in accordance with the Community Treaties are without further |
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| enactment to be given legal effect or used in the United Kingdom;” |
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15 | Page 29, line 4, leave out Clause 39 |
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16 | Page 43, line 18, leave out Clause 51 |
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17 | Page 44, line 30, leave out Clause 55 |
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18 | Insert the following new Clause— |
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| “Transfer of certain immigration judicial review applications |
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| (1) | In section 31A of the Supreme Court Act 1981 (c. 54) (England and Wales: |
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| transfer from the High Court to the Upper Tribunal)— |
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| (a) | after subsection (2) insert— |
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| “(2A) | If Conditions 1, 2, 3 and 5 are met, but Condition 4 is not, the |
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| High Court must by order transfer the application to the |
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| (b) | after subsection (7) insert— |
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| “(8) | Condition 5 is that the application calls into question a |
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| decision of the Secretary of State not to treat submissions as |
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| an asylum claim or a human rights claim within the |
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| meaning of Part 5 of the Nationality, Immigration and |
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| Asylum Act 2002 (c. 41) wholly or partly on the basis that |
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| they are not significantly different from material that has |
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| previously been considered (whether or not it calls into |
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| question any other decision).” |
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| (2) | In section 25A of the Judicature (Northern Ireland) Act 1978 (c. 23) |
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| (Northern Ireland: transfer from the High Court to the Upper Tribunal)— |
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| (a) | after subsection (2) insert— |
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| “(2A) | If Conditions 1, 2, 3 and 5 are met, but Condition 4 is not, the |
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| High Court must by order transfer the application to the |
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| (b) | after subsection (7) insert— |
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| “(8) | Condition 5 is that the application calls into question a |
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| decision of the Secretary of State not to treat submissions as |
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| an asylum claim or a human rights claim within the |
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| meaning of Part 5 of the Nationality, Immigration and |
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| Asylum Act 2002 (c. 41) wholly or partly on the basis that |
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| they are not significantly different from material that has |
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| previously been considered (whether or not it calls into |
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| question any other decision).” |
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| (3) | In section 20 of the Tribunals, Courts and Enforcement Act 2007 (c. 15) |
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| (Scotland: transfer from the Court of Session to the Upper Tribunal)— |
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| (a) | in subsection (1), for the “and” at the end of paragraph (a) |
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| “(aa) | must, if Conditions 1, 2 and 5 are met, but Condition |
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| (b) | after subsection (5) insert— |
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| “(5A) | Condition 5 is that the application calls into question a |
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| decision of the Secretary of State not to treat submissions as |
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| an asylum claim or a human rights claim within the |
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| meaning of Part 5 of the Nationality, Immigration and |
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| Asylum Act 2002 (c. 41) wholly or partly on the basis that |
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| they are not significantly different from material that has |
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| previously been considered (whether or not it calls into |
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| question any other decision).”” |
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19 | Page 46, line 31, leave out “55” and insert “(Transfer of certain immigration judicial |
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20 | Page 47, line 1, leave out “51 (entry otherwise than by sea or air: immigration |
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21 | Page 47, line 8, leave out “55 (fresh claim applications)” and insert “(Transfer of |
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| certain immigration judicial review applications) (transfer of certain immigration |
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| judicial review applications)” |
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22 | Page 47, line 20, at end insert— |
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| “(8A) | An order commencing sections 40 to 42 (acquisition of British citizenship |
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| by naturalisation) must include provision that the amendments made by |
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| those sections do not have effect in relation to an application for |
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| naturalisation as a British citizen if— |
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| (a) | the date of the application is before the date on which those sections |
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| come into force in accordance with the order (“the date of |
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| (b) | the date of the application is before the end of the period of 24 |
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| months beginning with the date of commencement and the |
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| application is made by a person who falls within subsection (8B) or |
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| (8B) | A person falls within this subsection if on the date of commencement the |
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| person has indefinite leave to remain in the United Kingdom. |
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| (8C) | A person falls within this subsection if the person is given indefinite leave |
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| to remain in the United Kingdom on an application— |
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| (a) | the date of which is before the date of commencement, and |
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| (b) | which is decided after the date of commencement. |
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| (8D) | The reference in subsection (8A) to an order commencing sections 40 to 42 |
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| does not include an order commencing those sections for the purpose only |
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| of enabling regulations to be made under the British Nationality Act 1981 |
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23 | Page 47, line 33, at end insert— |
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| “( ) | No order may be made commencing section (Transfer of certain immigration |
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| judicial review applications) (transfer of certain immigration judicial review |
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| applications) unless the functions of the Asylum and Immigration Tribunal |
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| in relation to appeals under Part 5 of the Nationality, Immigration and |
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| Asylum Act 2002 (c. 41) have been transferred under section 30(1) of the |
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| Tribunals, Courts and Enforcement Act 2007 (c. 15).” |
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24 | Page 47, line 38, leave out subsection (2) |
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